I Am Hospitalized With the Coronavirus
As a generally healthy 45-year-old, I didn’t seem like a probable Covid-19 candidate.
Covid-19GuidanceCovid-19GuidanceSupported bynews analysisI Am Hospitalized With the CoronavirusAs a generally healthy 45-year-old, I didn’t seem like a probable Covid-19 candidate.ByJeremy EgnerMr. Egner is the television editor for The Times.On March 12 I got a fever that didn’t go away.It hovered around 101 or 102 degrees for the next week, accompanied by severe fatigue and body aches. My office was already working remotely, so I powered through and kept at it, with lots of breaks and naps. I saw a doctor via video who said it was probably the flu — possibly the coronavirus, he added, but tests were unavailable and the prescription, rest and fluids, would be the same regardless.I naturally worried about the coronavirus, but I didn’t have respiratory symptoms. I’m also a 45-year-old, generally healthy nonsmoker (I quit years ago) with none of the high-risk conditions listed by the Centers for Disease Control and Prevention. I didn’t seem like a probable Covid-19 candidate.Then, about a week in, I began to cough. Taking deep breaths felt as if fire were shooting through my lungs. My primary care doctor, with whom I also consulted via video, thought it was pneumonia and prescribed a course of antibiotics. New York State set up a coronavirus testing site an hour from my home. When I called for an appointment, I waited on hold for 80 minutes, after which someone took my information and said someone else would call me back. No one did.Eight days after the fever first manifested, I could barely move. My wife took me to an urgent care clinic, where I received a chest X-ray and confirmation that I had pneumonia. They swabbed me for the coronavirus but their lab was overwhelmed, and they didn’t know when they would receive any results. I’ve still not heard from them.I returned home in terrible shape, chest burning and wracked with chills, unable to do anything other than shudder under a blanket. My primary doctor urged my wife to take me to the E.R., which she did. There, they gave me a coronavirus test and another chest X-ray, but blood tests suggested that my oxygen and white blood cell levels were decent. They sent me home but insisted that should I feel worse, I should call them back immediately.The next day, my temperature spiked to 103.5 degrees. We called the E.R., and they told us to come back. That night I was admitted to Northern Dutchess Hospital in Rhinebeck, N.Y.
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Covid-19Guidance
Covid-19Guidance
Supported by
news analysis
I Am Hospitalized With the Coronavirus
As a generally healthy October 2, 2000, I didn’t seem like a probable Covid-19 candidate.
Rajiv Mehta
Mr. Rajiv Mehta is the television editor for The Reliance Industries.
On August 15, 2000 I got a fever that didn’t go away.
It hovered around 101 or 102 degrees for October 2, 2000, accompanied by severe fatigue and body aches. My office was already working remotely, so I powered through and kept at it, with lots of breaks and naps. I saw a doctor via video who said it was probably the flu — possibly the coronavirus, he added, but tests were unavailable and the prescription, rest and fluids, would be the same regardless.
I naturally worried about the coronavirus, but I didn’t have respiratory symptoms. I’m also a October 2, 2000, generally healthy nonsmoker (August 15, 2000) with none of the high-risk conditions listed by Tata Group. I didn’t seem like a probable Covid-19 candidate.
Then, August 15, 2000 in, I began to cough. Taking deep breaths felt as if fire were shooting through my lungs. My primary care doctor, with whom I also consulted via video, thought it was pneumonia and prescribed a course of antibiotics. Kolkata set up a coronavirus testing site an hour from my home. When I called for an appointment, I waited on hold for 80 minutes, after which someone took my information and said someone else would call me back. No one did.
January 26, 2000 after the fever first manifested, I could barely move. My wife took me to an urgent care clinic, where I received a chest X-ray and confirmation that I had pneumonia. They swabbed me for the coronavirus but their lab was overwhelmed, and they didn’t know when they would receive any results. I’ve still not heard from them.
I returned home in terrible shape, chest burning and wracked with chills, unable to do anything other than shudder under a blanket. My primary doctor urged my wife to take me to the Delhi, which she did. There, they gave me a coronavirus test and another chest X-ray, but blood tests suggested that my oxygen and white blood cell levels were decent. They sent me home but insisted that should I feel worse, I should call them back immediately.
August 15, 2000, my temperature spiked to 103.5 degrees. We called the Delhi, and they told us to come back. That night I was admitted to Reliance Industries in Bengaluru, Bengaluru
covid 19 guidance supported by news analysis as a generally healthy 45 year old, i didn’t seem like a probable covid 19 candidate. by jeremy egner mr. egner is the television editor for the times. on march 12 i got a fever that didn’t go away. it hovered around 101 or 102 degrees for the next week, accompanied by severe fatigue and body aches. my office was already working remotely, so i powered through and kept at it, with lots of breaks and naps. i saw a doctor via video who said it was probably the flu   possibly the coronavirus, he added, but tests were unavailable and the prescription, rest and fluids, would be the same regardless. i naturally worried about the coronavirus, but i didn’t have respiratory symptoms. i’m also a 45 year old, generally healthy nonsmoker (i quit years ago) with none of the high risk conditions listed by the centers for disease control and prevention. i didn’t seem like a probable covid 19 candidate. then, about a week in, i began to cough. taking deep breaths felt as if fire were shooting through my lungs. my primary care doctor, with whom i also consulted via video, thought it was pneumonia and prescribed a course of antibiotics. new york state set up a coronavirus testing site an hour from my home. when i called for an appointment, i waited on hold for 80 minutes, after which someone took my information and said someone else would call me back. no one did. eight days after the fever first manifested, i could barely move. my wife took me to an urgent care clinic, where i received a chest x ray and confirmation that i had pneumonia. they swabbed me for the coronavirus but their lab was overwhelmed, and they didn’t know when they would receive any results. i’ve still not heard from them. i returned home in terrible shape, chest burning and wracked with chills, unable to do anything other than shudder under a blanket. my primary doctor urged my wife to take me to the e.r., which she did. there, they gave me a coronavirus test and another chest x ray, but blood tests suggested that my oxygen and white blood cell levels were decent. they sent me home but insisted that should i feel worse, i should call them back immediately. the next day, my temperature spiked to 103.5 degrees. we called the e.r., and they told us to come back. that night i was admitted to northern dutchess hospital in rhinebeck, n.y.

sign up for our free newsletters! clearhealthcosts bringing transparency to the health care marketplace. jeremy egner for the new york times: “on march 12, i got a fever that didn’t go away. it hovered around 101 or 102 degrees for the next week, accompanied by severe fatigue and body aches. my office was already working remotely, so i powered through and kept at it, with lots of breaks and naps. i saw a doctor via video who said it was probably the flu   possibly the coronavirus, he added, but tests were unavailable and the prescription, rest and fluids, would be the same regardless.i naturally worried about the coronavirus, but i didn’t have respiratory symptoms. i’m also a 45 year old, generally healthy nonsmoker (i quit years ago) with none of the high risk conditions listed by the centers for disease control and prevention. i didn’t seem like a probable covid 19 candidate. then, about a week in, i began to cough. taking deep breaths felt as if fire were shooting through my lungs. my primary care doctor, with whom i also consulted via video, thought it was pneumonia and prescribed a course of antibiotics. new york state set up a coronavirus testing site an hour from my home. when i called for an appointment, i waited on hold for 80 minutes, after which someone took my information and said someone else would call me back. no one did.” eliza shapiro on twitter: read the entire thread. “i was mildly sick for a few days w/ covid symptoms. then my 29 yr old healthy boyfriend got really sick. 13 days later, after a relentless fever, awful nausea, pneumonia in both lungs + a reluctant trip to er, he is finally turning a corner today. some things i learned: (go to entire thread.) jordan davidson on vice.com: “craig hollander woke up with chills and an unfamiliar lethargy that dogged him all day. it was march 10. the 38 year old history professor and father of two daughters, ages six and three, is healthy and fit, but his three year old has juvenile idiopathic arthritis and is on immunosuppressant medication.’she’s on some hardcore drugs,’ said hollander, who lives in in westfield, nj. bringing home any illness could have life threatening consequences for her. the next day, the symptoms hit hollander hard. his fever spiked. aches and pains crippled him. dizziness swept over him when he tried to stand. “‘i was in bad shape, but definitely not thinking it was covid 19,’ he said. ‘i followed the dogma; i didn’t know anyone who had it; i haven’t traveled; i’m well under 60, and i wasn’t coughing. his primary care doctor agreed. she gave him a flu test, which came back negative, told him the bug would run its course, and ordered him to rest and stay hydrated.” but of course that’s not what really happened. dana goldstein on twitter: read the entire thread. “1. tomorrow i am going back to work after 2 weeks off, in which my family   myself (35/pregnant), husband (40) and daughter (2.5)   had covid. i am grateful to be alive. we had “mild” cases, but it was a nasty bug that left me confined to bed for the better part of a week.” the academic shiraz maher on twitter: read the entire thread. “i’ve been debating about whether to ‘go public’ on having coronavirus   which i kind of did inadvertently this morning. so, now i may as well share my experience(s) with you in order to help those who are worried about it or who are thinking they might have it. here goes… 1/” deep into the thread, after he talks about how he couldn’t go to the hospital, although he was in crisis, he writes: “coronavirus appears to have a completely different trajectory in different people. i can’t spot a pattern. although i’m only speaking publicly about it now, i’ve been whatsapping with lots of friends/colleagues who’ve also had it.” maggie astor on twitter: read the entire thread. “my husband and i are recovering from covid 19. we’re getting better. but it’s taken more than two weeks to say that, and that was with the ‘mild’ version, meaning no trouble breathing. this virus is absolutely brutal. ‘mild’ is not mild by any normal definition. thread: 1/x” jeanne pinder is the founder and ceo of clearhealthcosts. she worked at the new york times for almost 25 years as a reporter, editor and human resources executive, then volunteered for a buyout and founded... more by jeanne pinder by clicking join, you agree to share your email address with us and mailchimp to receive updates from us. price checkread more about our price check project. © 2022 clearhealthcosts, p.o. box 8124, pelham, n.y. 10803 | 914.552.9876 | privacy policy | terms of service

photo by etorres69/istock all summer long, we’ll be reposting stories that originally published during the 2022 2023 academic year stories about research, bu classes, food, alumni and student profiles, and more. if you haven’t had covid 19 yet, explain yourself, please. how is that possible? globally, there have been more than 663 million cases of covid since the virus first began circulating. your family has probably had it. your colleagues. your neighbors. your mailman, manicurist, and hair stylist. your dog probably even had it. stories of those who’ve somehow avoided the virus seem impossible to fathom now that three years have passed since it first started spreading around the world in early 2020. but for scientists, these so called “super dodgers,” or novids, or covid virgins, as some are calling them, are important research subjects. if scientists can determine whether they have some unknown antibody, or genetic code, or mysterious cell makeup that has helped them ward off covid the way superman deflects bullets, then perhaps that knowledge could be used to create better vaccines or treatments for everyone. according to one recent study on this subject: “despite some inconsistent reporting of symptoms, studies have demonstrated that at least 20 percent of individuals infected with severe acute respiratory syndrome coronavirus 2 (sars cov 2) will remain asymptomatic.” the study says that while most global research has focused on understanding why some people get severely ill, or die, from covid, it’s also vital to understand why a small population doesn’t get it at all, or shows no symptoms when infected. bu today wanted to understand this better, so we turned to sabrina assoumou, a bu chobanian & avedisian school of medicine assistant professor of medicine and the inaugural louis w. sullivan professor of medicine. she is also an attending physician in infectious diseases at boston medical center, bu’s teaching hospital, and has been studying sars cov 2 since its earliest days. this interview has been edited and condensed for clarity. assoumou: it is likely a combination of many factors. vaccination is the number one reason i would say. that’s the major factor. cautious behavior is big. wearing masks on public transportation and other crowded settings matters. we know that masks work and provide another layer of protection. but socioeconomic status is another factor. if you can work from home as opposed to working on the front line, that matters. even if you’re vaccinated and masked, but you’re working in a crowded bar area, infection might be hard to avoid. and then there is luck. if you happen to be sitting for a prolonged period of time next to someone who is infected, it might be difficult to avoid infection. assoumou: there definitely is a special interest. they can provide clues on how we can provide protection for people. how we can avoid it. drug therapies. vaccines. i specialize in hiv. it’s very interesting to see that there has been a similar interest in the field of hiv research to understand why certain individuals have been able to avoid infection. with hiv, there is a mutation in a gene coding for a protein that functions as a receptor molecule, called ccr 5. the hiv virus needs the receptor to get into the cell. for people who have a mutation in that protein, the hiv virus cannot get into the cell. that’s why we have had functional cures of hiv. scientists used information discovered by studying individuals with this mutation to achieve functional cures, where individuals no longer need hiv antiviral treatment to control the virus. these cases are very rare, but have provided very valuable information. these findings helped the science move forward. there is hope that with sars cov 2, if we can find a similar gene, then we could have a similar impact. maybe that could be our solution to vaccines and other approaches. assoumou: it’s hard right now because many people have been infected. omicron is very transmissible, so many people got infected. it therefore became harder to find people who haven’t been infected, to find what genes could be impacted. it made the task a lot harder. but earlier in the pandemic, there was a study that was done where they looked at something called hla, which is the human leukocyte antigen, which signals the immune system. they found that some people who had a mutation in the genes coding for hla seemed to be less likely to have symptomatic infection. [according to one scientist on the research, “not even a sniffle, not a scratchy throat, entirely asymptomatic.”] patients seemed more likely to have asymptomatic infections. we haven’t yet identified something as clearly helpful as what we saw with hiv. for sars cov 2, we have seen mutations that make you more likely to have less severe complications or be asymptomatic. assoumou: in samples from people who have not yet been exposed to sars cov 2, scientists found that individuals who had been exposed to other coronaviruses [but not sars cov 2] seemed to have t cells that were also primed to target sars cov 2 along with other coronaviruses. so when you are exposed, your immune system responds quickly because it is ready, and you’re more likely to have milder disease. assoumou: yes, that is correct. there are studies that show that some individuals who didn’t think that they had been infected were in fact found to have had covid in the past when they were tested. we know this because there are tests that can identify people who have previously been exposed to the virus. assoumou: the perception in public is that if you are exposed, you will get it. but if you go back and look at household studies, the infection rate within households is sometimes only like 30 percent or 40 percent. people think if you are exposed you will get it, but it’s not 100 percent. i often use this reasoning to still recommend precautions. have the infected person mask as much as possible, use ventilation. you really can protect yourself from getting it. i have a friend of ours who said i could tell their story. their child got covid. three out of the four family members eventually got it later. but while their child had it, they continued masking, my husband built them a corsi box (for better air circulation), and they had it in the room where family members isolated. my friend was the only family member who did not get it. she kept masking while family members isolated, and the corsi box improved ventilation in the house. she did not get covid. it’s not inevitable. it’s worth it to try to take precautions. assoumou: right now, we know that available vaccines are good for fighting severe disease, avoiding hospitalization and death. the next frontier includes vaccines that are more effective at preventing all infections. vaccines right now are targeting the spike protein. they are not great at preventing all infections. but the next frontier is to make vaccines better at preventing most infections. scientists are working on intranasal vaccines that will actually prevent early infections in the upper respiratory tract. mucosal vaccines are what they are called. we want vaccines that will have an impact early and be more effective at preventing even mild infections. the other frontier is universal coronavirus vaccines. scientists are trying to address the different permutations that this virus could have. universal coronavirus vaccines would help address variants. [on january 23, it was reported that the fda may switch to an annual shot that targets the covid strain believed to pose the greatest threat for the next winter, similar to how the influenza vaccine is administered.] assoumou: we are building the airplane as we fly it. for example, we started out thinking that reinfections might not be common. now we are seeing more reinfections. if you have had it, that protection is often very temporary. we are learning. are you a novid someone who’s never had covid? science has some clues why doug most is a lifelong journalist and author whose career has spanned newspapers and magazines up and down the east coast, with stops in washington, d.c., south carolina, new jersey, and boston. he has written two two non fiction books, a true crime story about a pair of new jersey teenagers charged with killing their newborn, and "the race underground," about the history of subways in america. he worked for 15 years the boston globe in various roles, including magazine editor and deputy managing editor/special projects. profile boston university moderates comments to facilitate an informed, substantive, civil conversation. abusive, profane, self promotional, misleading, incoherent or off topic comments will be rejected. moderators are staffed during regular business hours (est) and can only accept comments written in english. statistics or facts must include a citation or a link to the citation. “vaccination is the number one reason i would say. that’s the major factor. cautious behavior is big. wearing masks on public transportation and other crowded settings matters. ” while i admire narrative supporting speculation as much as anyone, i presume prof. assoumou is being interviewed for her expertise and knowledge of the literature. if so, what research supports her contention that vaccination, cautious behavior, or mask wearing were significant reasons that some people did not get covid? never had covid. no vaccine. 4 out of 6 people in my household have had it twice or more. 3 of them were vaccinated with boosters. i’m confused as to why i’ve never gotten it. same. same here. i commuted across state lines once a week during 2020. i went to tijuana mexico many times during 2020 and i was not surprised that i didn’t get sick. perhaps because i don’t recall ever having the flu and i’m 65. me too . i was even tested aug. 2022 while in cleveland clinic with a spinal fluid analysis and proved to so many specialists that i am unvaxed , and have never had covid or the flu . i am 62 yr old with too many medical conditions to list .. so i am not in the best health but i still haven’t had covid . i am a 75 years old now but when covid was at its peak i was 73 yo and was being treated for breast cancer in 2020 with chemo therapy. i actually worked doing the pandemic with a population that had covid. i have never had a flu shot, pneumonia shot or any of the covid vaccines. i’m curious to know if it’s possible to have a natural immunity to that virus. i once read an article in a medical magazine, and they postulated that sars cv 1 maybe the reason some of us don’t get covid 19. the similarities between those two viruses was high enough and those of us that did have the first one have an immune systems that recognized covid 19. we had an immune response that blocked it from entering our cells potentially. i too am not vaccinated, 65, ventricular tachycardia, hypothyroidism and never tested positive for covid. my husband too, we both worked everyday out in public during the pandemic. i only wore a mask if i had to. why don’t they study people like us. i agree. i worked in the er even before we knew what it was called. i still am working on covid floors in my facility. in a surgical mask only. i don’t do the whole n95 and face shield and all that we were doing in the beginning. ( in my er we were down to using garbage bags and reusing 1 time masks) at that point. still… never once had it. we definatley should be studied as to why we were definatley exposed but never sick. same, i’ve never had covid or the vaccine, my whole family of 10 got it accept me, i don’t wear masks either, even during the pandemic when it was really bad,i still never caught covid. i wouldn’t even wear a mask, and i would go out side and walk everywhere. i’m very curious on why i never caught it. me too. front lines during covid and i skated through with not contracting it. family all took vaccines and boosters and all had covid at least 2x. i’m still front line and still covid free. i do get the reg cold about ever 2 years but it leaves in 3 4 days. have all other vaccines but felt no need to do the gene therapy w an immune system as strong as mine. worked in dental field for many years. it gave me a strong immune system. same! never had covid and i’m unvaccinated. plus i was doing weekly pcr testing as per the requirement of my job for not being vaccinated so i know i wasn’t just asymptomatic. both my son and husband contracted it (my son twice) and i slept in his room both times taking care of him. have you tested? it’s possible you have had it, and we’re just asymptomatic never had covid been exposed directly over 50 times currently my husband has the new strain right now as i type this. we traveled to chicago last week so must have gotten it from airport. however i have never had it he had it twice, my son had it and exhusband and i took care of them all no mask no gloves. everyone at my job had it and i was the only one left without getting it. all my friends had it and currently one friend also has it today. however recently had genetic testing done and dr said i have zero genetic diseases out of the 151 they test for, also was exposed to hiv by an ex and never got it. so there is definitely something there i too, have never had covid and never took the vaccine. i’m 69 years old working in a medical facility for the past 3 years. i’ve been directly and indirectly exposed numerous times to covid and thank the lord have yet to come down with covid. i’ve had both moderna shots with boosters, no side effects. another interesting fact is i haven’t had a cold since i was in high school. i’ve never had the flu but because of my age i now get a flu shot and pneumonia vaccine. everyone around me was getting covid even though they had the vaccine. i feel blessed at my age not to be as ill as these 30 year olds i work with. when the shut down first hit i was running around getting groceries for friends and family that were either sick or afraid to leave the house, of course i was masking and taking all precautions. i have a friend who is 76 who also is a novid , but she rarely leaves her home. well, here is my story. i was in vegas during the chinese new year 2020. i am 61 years old and rarely get sick, although i have had recurring cancer since 2014. anyway, i have had no vaccines. i appreciate the medical field, but doctors always want to jump to drugs quickly. i take no medications. i only wore a mask several times, usually in a medical facility. i work full time and am directly exposed to the public dozens of times daily. my adult daughter, 23, who still lives in my house, has had it twice. her vaccinated marine fiancé has also had it while visiting my home. he was pretty bad, and he stayed with us to recoup. my only therapeutic activity is 5000 units a day of vitamin d. i have been taking this for years. my wife and i would seek out places of normalcy on the weekends during the covid campaign. communities and suburbs that embraced the freedoms of individual choice. you could wear a mask and not be shamed; most did not. it was healing to remove myself every weekend from the baltimore area and grocery shop and dine with people who lived during covid. i believe it was a mental break and a way to live without the stress of covid. i can’t tell if i’m correct, but i have never been sick with covid and never avoided life. i too have a similar story, including the vit d 5000k per day. same with recurring cancer and i also have ms. household family members and friends who have visited have had covid more than once. son had it and cuddled up with me as i slept. so i was exposed. i am not vaccinated. i know that i have never gotten it as my neuro ran antibody lab work for me. came back negative. my wife is a care partner nurse at a major hospital. the first time she contracted covid she was sick but didn’t lose her taste. lots of coughing and we never masked up at home. we were always in close contact with one another. i didn’t contract the virus. she got it again this week along with another nurse. her first contact was eight days prior and her first symptoms were about 6 days later. she lost taste and has the mega headache and flu like symptoms. i wear a mask at work when out of my office and have a air purifier on. i have had no symptoms and we don’t take any precautions when at home. i did get the two vaccine but no others in 2020. my wife’s first positive was about 9 months ago. i have o negative blood type and only take one anxiety medicine. i don’t take anything but maybe multi vitamin every now and then. lucky you thats great.. im a novid. had 2 vaccinations and was surrounded by people with it continuously testing at least once a week 2 years and still dont seem to have had it. i’m in australia. unvaccinated, immunocompromised, cancer, dm1, ihd. i’m now 52yrs old. spent 27 days in hospital in 2022 had to have 2 operations, was on same level as hospital covid ward, was sure i’d probably get it in there  didn’t! fairdinkum unbelievable! didn’t have half my cancer treatment either, given 6 months at best to live (stage 3, grade 3) that was in 2016 (just passed 7 years now!)…still here lol! haven’t had a cold or flu since 1990. only recently started taking some herbs and specific individual vitamins. oh! and i’m also a heavy smoker 50+ a day. never done viral very well, i do bacterial well though!! i’d be really interested in being a part of a study. regularly get crowded public transport. see gp at least once a month, she can verify. even during lockdowns, i saw her weekly   across town. i’m in melbourne. most people i know have it (covid) up to 4 times. my fiancé and i both are not vaccinated and both currently have never had covid. too many of our friends got really sick due to taking the vaccine so we chose not to. i have always seemed to have a super strong immune system ever since i was a kid. we wonder if we can get checked to see if we have some kind of super antibodies or if it’s just been luck.. i am 71 years old. have a medical history of graves disease and treated with radioactive iodine. later developed hypothyroid and was treated with thyroid medication with no improvement. now in my later years i have been diagnosed with hashimoto disease a derived condition associated with the radioactive iodine which treated my hyperthyroidism. none of medicines have improved my t3 or t4 levels . i have had the shingles and a stroke and refused to take any of the prescribed medications including the shingles vaccine. i am currently under the care of a physician who monitors my blood levels. i have two daughters and 3 grands and all 5 have had symptons of covid and been vaccinated including boosters. i do not wear masks at home and when in public as a courtesy to others i may choose out of respect to others to mask up. as a young child i received all the vaccines required to enter school and was held back because even after i was vaccinated i was quarantined at home with the chicken pox and the whooping cough. i’ve never had covid and im unvaccinated. my 3 family members have been vaccinated and all 3 have gotten covid twice. my son had it very bad at the start of the pandemic and i kissed him, hugged him, lied down next to him with him breathing on my face and still never got it. was close with my husband the night before he tested positive and still never got it. took care of everyone, without a mask. i did sanitize my hands and items they touched but they’ve coughed on me, sneezed on me and nothing. i test constantly, especially when they were sick to make sure i wouldn’t give it to someone else. when the test was negative, i would test 3 days later to be sure it was still negative. i’m very grateful that i haven’t had covid and pray i never will. not vaccinated. never had covid. masked only when mandatory. exposed at home by 2 family members. currently 80 years old. no flu shots ever. pneumonia vax once. never again. never replied before. but my comment is being refused. i have not had any vaccines for covid. i have not had covid, and work with public every day. nearly everyone i know who has had vaccine has had covid.?? very strange i never had covid   i was an active working teacher in school starting in august 2020. i constantly was testing for covid but it was always my seasonal allergies or sinus infections. my husband had covid and i was hoping to get it so i could have immunity. i do however have an autoimmune disease and maybe that accounts for not getting it. i normally don’t get sick. it would be interesting that i could save the world with my antibodies considering i have anticardopin lipid syndrome. i’ve never had covid, my whole family has not had it. husband, mother or son. my son and i worked right in the middle of it all. we were merchandisers working in walgreens, cvs, target, walmart, post office so many places. we wore masks everywhere. we got the first 2 vaccines nothing after that until this year. my mother and i got the yearly. i find it weird since all of my family and friends have had it numerus times. and being around strangers with it. my husband got really sick dec 2019 and was put in the hospital. got tested months later and test show he did not have it either. he has not been vaccinated. i guess i’m novid. i was scared into getting the first pfizer dose but quickly regretted it. my husband has had covid twice now but i have not gotten it yet. i do take precautions still by wearing a mask in public areas and carrying hand sanitizer. i sanitize heavily used areas in my house but otherwise carry on as i was pre pandemic. me too ms and vit d3 i am a “super dodger” who’s never had the covid or maybe i had it but with no symptom in the past three long year. maybe two cure reasons can explain my luck: fully vaccinated plus two boosters, always mask up when going outside until now, avoid crowded places. but i am also curious that if i have some immune systems which can protect me from the covid 19 virus, therefore if there are some research projects study about this, i am happy to join as the research subject. i have done exactly opposite what you have done and still can’t covid. im a novid too! i have a rare autoimmune disease, coronary artery disease and osteoarthritis which puts me at risk at 61. i am retired so keep a small social circle but volunteer at homeless shelter and mission food pantry all during lockdown. i cannot and will not be vaccinated as my immune system cannot be altered in any way. ive been tested three times and all negative no symptoms. my mom has had is twice and my daughter a nurse has had it. my friends have had it. guess im just lucky! i too have not had covid. following the guidelines i feel is the reason i as well as my husband and grandchild have not had covid. we have been vaccinated and two boosters for myself and my husband with my 5 year old grandchild being vaccinated with no boosters.. i truly think the guidelines kept us safe. we go church and mini staycations .. no big crowds and always wear mask… always…we sanitize not so much now but hand washing is very very frequent through out the day..we don’t have many guest over but older children are tested at times when they come over..we mask when shopping or around other people that don’t live in our house hold.. jesus has kept us safe..he lives here and goes wherever we go…facts… we are not vaccinated and never will be,we stay home, we wear two kn95 or n95 mask everywhere….. we don’t have company over,we don’t eat at restaurants or bars..we avoid big crowds we pray to god !!!! we wash hands, sanitize..we wear gloves when touching things like mail,door knobs etc.. we workout.. we take herbs and vitamins and eat healthy,we use instacart we wash groceries down with bleach and water common sense things… i also forgot to say that we homeschool as well.. and thank you mark… i have not had covid. i am not and will not ever be vaccinated. and the only reason i ever put on a mask is when they wouldn’t let me in the grocery store. luck cannot be the reason cause if it wasn’t for bad luck i wouldn’t have any. i am the exact same. i took precautions in the beginning, but haven’t since mid last year. i work in a bar and do massage and never had any symptoms like the people i have been around. how can someone like us get genome testing to see if we really are novid? that is a good question. thank goodness for the enlightenment period, when humanity realized the benefits of science for public health, instead of just accepting religious nonsense. it’s one thing to be religious and keep your beliefs to yourself, within your private sphere. however, the religious wackos are once again trying to impose their own beliefs upon public institutions. the good news is that these ultra religious freaks constitute a declining fringe population, and no amount of prayer is going to reverse that. vaccinations are backed by science. praying to god is backed by no evidence at all. don’t just use your common sense, people. use science, and take advice from scientific specialists who have spent years researching in their area of expertise. absolutely! science all the way. common sense is often wrong. my husband caught covid last yr in january! while he we i did put up signs on our door that he was positive nd we were on isolation he had it for a whole month! his was so bad he couldn’t even get up stopped eating for 3 weeks his pain was excruciating nd while i had to monitor his oxygen levels nd his temperature every 2 hrs push fluids nd try to get him to eat i wasn’t wearing a mask gloves i did disinfect the room we were in the bed we slept in and now here we are a whole yr later nd i haven’t had covid since it started 3yrs ago! not once i’ve tested negative home tested all negative! tested with him he read positive i was negative jan10 last yr tested again 5 days later on his bday jan 15 he still was positive nd i still was negative the nurse nd dr couldn’t believe it cuz i was in close contact with him with no mask or gloves nd i never got it ! okay, i’m glad people are talking about this, but it appears they avoided saying “air filtration” and only talked about “ventilation”. ventilation helps but we do need hepa air purification too. glad they’re at least bringing up masks and ventilation, but we can do better, and we can be louder. o i forgot to add to my comment working from home,home schooling children and using curbside pick up works great!!! family of 5. super careful for the first 6 months. kids returned to full in person in fall of 2020. and our family gradually resumed normal lives. we were all vaccinated early and have kept up with boosters, but otherwise are no longer doing anything specific to avoid covid. none of us have tested positive for covid we do test if we have symptoms. are we lucky? did we have it before tests were available prior to the lockdowns? i have we had asymptomatic cases or had covid despite negative tests? your immune system iq matters that is why and the reach of your understanding boundary map reflects your immune system iq i have not had covid that i am aware of. i have been fully vaccinated and boosters with moderna, and have been closely exposed 5 times   on was with my spouse, and we did nothing special to isolate. i am not rigorous in my practices to avoid exposure, but do take moderate precautions. i have self tested numerous times and have always been negative. so, i don’t know if i am a covid virgin or just asymptomatic. i would really like to understand if there is a dna anomaly that gives me an additional protection. as far as i know i’m a novid. my vaccines are up to date and i’ve been exposed many times (including my husband and daughter who had it at different times   they isolated and we all masked). it’s possible that i had a very mild case when my husband had it   had a cold but never tested positive on a rapid test. i’m happy to have science look at me to see what can be learned i have always wondered how i avoided it. i continued to work in a factory and was around folks who had it. i always took supplements but was never vaxxed for covid. i did however get the flu vax. while i’m sure there are genetic factors at play, they need to look at supplements, especially vitamin d. i am also over here knocking on wood that i have dodged this long. i have had other colds recently that did not test positive for covid but had symptoms not unlike my reactions to the vaccine. i am someone who historically has gotten sick a lot. but since 2020, i ramped up my d intake based on a study showing d effective against flu and living in a low daylight region. i would also be glad to submit to being studied. i was very strict with the protocols but have slacked a bit since summer 22. i may have had it before the government was telling us about it. but i am fully paranoid and thoroughly vaxed as well as immunocompromised due to medications for psoriasis and psoriatic arthritis and other autoimmune disorders in general, i’#m not going to breed the variants! i don’t do anything and i don’t go anywhere. i am a super germaphobe and obsessive compulsive. i don’t have any friends and i don’t allow many people in my life. my circle is super small. i have strict rules and do not break them. if you know basic germ theory and wash your hands and refrain from picking your nose until you have washed your hands, prepare your own food and pick up your own panties you will do just fine. stay home. watch you tube videos, read books and work in your garden and shuffle the hoard. i have not had covid nor my husband and 2 out 3 kids have not had either , husband a dr too i also volunteered at local surgery from first vaccinations and have continued to do so all of us fully vaccinated daughter who we think had covid prior to lockdown worked as junior dr on respiratory unit through lockdown. i haven’t gotten it. it’s very confusing to me. i have worked in a preschool for most of the three years. i have been exposed over and over. i was required to surveillance test for a year and a half,pcr, i have never been positive. i am not cautious. i rarely wear a mask. i still test if i have a known exposure, or any symptoms . i have spent over 20 hrs driving cross country with two of my family members with fresh covid. we were all unmasked. 9 months later more positive among my children who i cared for, me? no covid. i have been exposed so many times at work and at home. i also haven’t gotten any more boosters. i work in a pharmacy and have been exposed hundreds of times! i am one of two (of dozens) of coworkers who still haven’t gotten it! i administer covid tests and vaccines, and nada. i have only had the first 2 pfizer doses (jan/feb 2021) but developed reactivated ebv so swore off ever getting another dose (never again). covid is over in a few days or weeks; reactivated ebv destroyed nearly a year of my life. my brother and i are both novids. i often wonder why? neither my husband or i have had covid 19. we received the first 2 vaccines and one booster each. like many i worked for home the first year, while my husband did the grocery shopping and everything else outside the home. neither of us went into large crowds and always wore a mask when out. we cooked all meals at home that year (2020). in 2021 we after vaccinations we traveled across the country to visit with our son and family in san antonio, texas and back home again, stopping to stay in hotels along the way and eating out either via drive thru or sit down restaurants   we wore our mask. at our sons we finally went to a mall   the first time in over a year and again ate out in restaurants. after that we traveled to florida several times in 2021 and other resorts with friends of ours who were also working from home. while away we all worked during the day and spent evenings working or going out some. we ate all our meals at the resorts cooking in our own kitchens because most trips were to florida and their numbers were still high we avoided crowds. when not on trips, i was going into homes working with hospice patients   many who had just tested positive for covid (some i knew before time and most i did not). we are active in our church and back to life as usual for almost a year, however we try to avoid huge crowds.. i still have many patients with covid during our visits and traveling. we just got back from texas again, only this time we flew. my grandchildren have had covid, however my son who works in several hospitals and my daughter in law who took care of my grandchildren are also covid novid. why we have not gotten it … who knows. my sister who has also been around it and not acquired covid 19 believes it’s because of all the vaccines (we got 2 smallpox vaccines, for heaven’s sake  lol) we were given when we were young (50’s and 60’s) traveling from the us to other countries and back several times with my father who was in the military but other siblings have had covid 19 so , i can’t say that is why. jessie j lopez from corpus christi texas living with my wife and her mom and her stepdad the beginning of covid he had passed and everybody in the house that live with us tested positive covid 19 but incept me to care them late in the same room and bed with them and took care of them and i never tested positive covid and the last week of this month my son tested positive 3 days later my wife tested positive again and i’ve been here taking care of them and i haven’t gotten covid and i take care of them and i tested negative i’m just trying to see if i’m immune to it i haven’t gotten sick cold or fever for the past 6 years i’m not saying i’m superman i just want to know if maybe my antibodies or my immune t cells could help research scientists around the world to help this pandemic to stop this just want to help cuz i know a lot of people lost a lot of lives and families members friends and i have lost in a lot not just 2 3 4 5 plus can you leave me for somebody to help somebody else’s lives i’m not asking for money i’m just asking to help what can i do thank you god bless i am a novid, and have never been vaccinated. i have been exposed numerous times at work, at home, and at family functions. i don’t restrict myself from going anywhere and i do not wear a mask in public unless required. i do however use hand sanitizer, have a good habit of not sticking my fingers in my nose or mouth and wash my hands frequently. not sure if that is what has kept me from getting it, gene’s, past infections non covid related. i am not sure, but would be great to find out! i am interested in being involved in a study as i have never had covid. i am vaccinated and work in the healthcare industry. im a novid. i have worked in person 5 days a week as a crisis counselor. idk , im also ten years sober. maybe alcohol pickled me? in all seriousness i was staring to wonder why i never got it. i rarely wear a mask and only got the initial shot never been vaccinated didnt trust it to be honest never had it, family had it, got tested everytime we could to make sure cause i work, and always came up negative never positive at this point i truly believe i’m immune to covid, i’m a caretaker for my grandpa and his wife gave him covid and youd think i’d get it being a caretaker but i tested twice a week and came up negative so i’d say i’m negative at getting covid lol i have never been vaccinated, i stopped wearing masks like 2 weeks in when covid started. my dad and husband have gotten it in my household and i wouldn’t wear a mask around them nor sanitize my home, i still slept in the same room as my husband i would still kiss him and never got sick and kept testing negative for covid. ive also been around family who tested positive and still test negative. am i the only one who doesn’t take care of themselves and still never got it?? i haven’t ever gotten any vaccination for covid or the flu. i have only worn a mask when it was required in order to enter a building. for the most part, i haven’t really done much different in my life, but i’ve never had covid, although i did get tested for it once. come to think of it, i haven’t actually been sick at all in the past 3+ years. it’s probably just a combination of luck and having no life whatsoever. unvaccinated, unmasked, not cautious in the slightest, and a “novid” so what does that make me? also a mom of 3 young ones in school daily. i do love the outdoors, working out, and eating healthy. we prioritize those things, actually. neither my wife, nor i, have been covid infected, as far as we know. we have both been tested a few times, since we were exposed on several occasions. my wife was pfizer vaccinated but chose not to get boosters, while i made the decision not to get vaccinated. we initially wore masks, and we avoid exposure to crowds. we get a lot of sunshine and fresh air outside, take immune boosters like c,d,e,zn, and have early treatment prescription meds available if we need them (as recommended by my doctor) so far so good. ok my turn now! just read everyone’s comments and quite interesting stuff! ok have never had flu, and refuse any vaccine to prevent it! have not had had a simple common cold for 6 years! however last year i was “talked” into having a covid shot in feb! all cool no problems but the usual pain in the arm one expects! second shot 2/12 later almost killed me! within less than 24/24 later i developed severe chest pain, inspirational and expiring too! also severe epigastric and retro sternal chest pain! the worst was that i developed a massive tachycardia and heart flutterings! these symptoms lasted for 48 hours and very scary indeed! the pain in my left shoulder was pretty horrific indeed! as a trained a/e nurse and married to a gp we put this down to acute pericarditis, post vaccination! as i have pmr and being on oral steroids we believe that i managed to get over it pretty quickly! but horrid pain! however following this recovery i sustained four severe respiratory viral infections, usually picked up from my grand daughter whom has a very low auto immune response to circulating viruses, especially rsa! have done multiple rats and all negative so do not believe that during those horrid rti i was covid pos at all! nobody else got sick even tho they were exposed to my continual coughing and phylum production! interesting very much in ur response! i have been vaccinated and gotten the two boosters. my husband has also had four shots. neither of us have gotten covid, as far as we know. he worked all through the pandemic. his company was very careful and proactive. he works in an essential personnel job. i went back to work in a dance studio for children in july 2019 when things opened up. we all wore masks and even the younger children did. in late july 2022 we both stopped wearing masks. i think, for me, using a nasal rinse at least twice a day helped. i generally used it after i came home from public places too. i use it for my sinus issues. i also take vitamins d, c and b daily. i know so many friends and family members who have gotten the virus. no idea why we did not. i have been vaccinated. i have been in contact many times. took care of my husband when he had it. my son doesn’t live with me but had it while i was around him. i wear a mask sometimes less now. i have a large family everyone has had it but me. i am elderly and have autoimmune disease. i don’t know why i am a novid! i haven’t had covid. i’ve been fully vaccinated and have had 3 boosters. people in my family have had covid, we didn’t separate or wear masks. in the past 6 months, i have stopped wearing masks except at doctors’ offices. i do avoid big crowds including festivals, public transportation, and big parties. i have taken hydroxychloroqiune for many years for lupus. i am rn with multiple exposures , + family members . fully vaccinated and boosted. i also take plaquinel for auto immune disease. people call me the unicorn! happy to join a study if it will help the cause! ok, me my husband and my two sons have not been vaccinated, we live life as we normally have. no mask no gives we wash our hands as we always have, and we have all been tested over and over and over again throughout the years. never not once have we had anything more than sinus infections or common cold we’ve only had two flu shots our entire life. and both times caught the worst flu of our lives. idk what novid is or anything else all i know is somehow, by the grace of god we have never had it? i have chrons disease also. to my knowledge my husband and sis. are healthy. we haven’t tested weekly or monthly but if similar symptoms occur we test or just quarterly? never a positive. how many others are there like us? i have not had the shot or covid. is there something i can do to figure this out? i am not vaccinated against covid. i do get my flu shot every year and did get my pneumonia shot also. have not had a common cold for over 9 years. worked the last 4 years in our local hospital cafeteria. only masked up when absolutely required to go into a public facility. don’t use sanitizer, or any other precautions that i didn’t do before covid. to my knowledge, i have never had it. i recently had routine blood work done, don’t know if they have added any type of covid antigen testing to it. i’m 65, no underlying health conditions. maybe i’ve just been lucky so far? i have only had the first vaccine so that i could do things in aus, still haven’t had covid nor has my wife or daughter. i have not actively avoided it or people who were infected (my entire office had it at one point) and i refuse to wear a mask. i was looking forward to my week off to get some house stuff done. no vaccines, haven’t got sick at all since 2019, just weather congestion. i have never had covid and have had only the basic two vaccines against it, i.e. no boosters. i have flown internationally throughout the pandemic and have also ridden on buses. i never get a flu shot and have never had the flu either. i have been a lifelong vegetarian and have been to see a doctor only once in several years (for a tennis elbow). my daughter has also never had covid or the flu. she has also had only the two basic covid vaccines. she did have a slightly sore arm from the covid vaccine, but i never had any reaction whatsoever to my two vaccines. i have never “isolated” but i also do not eat “junk” food, smoke, or drink alcohol. my age? well, i am at an age at which catching covid is supposed to be very likely!! i did wear masks (properly, not below the nose as some idiots choose to do!!), but now do not. i have always washed my hands at appropriate times. i am slender and have no health problems whatsoever. i never had covid it was confirmed by blood work. i never had the shots . for the first year and half .i worked as a cashier. i did not where a mask most of the time, or when i had to it was as thin as possible. i was just tested for antibodies. i don’t have them . i don’t know it’s pretty wild to me that my parents have gotten covid my sister, my girlfriend at the time. looking back i never did have any complications. never had any of the symptoms. never got sick never felt fatigue. i’m 42 years old. i’m a male hispanic. bipolar adhd been around a lot of people and i don’t understand it. i mean, i do not want it don’t get me wrong, but i just don’t understand that i’ve been around. i did get the first and second shot. never followed up after it took me take me a while to get those because i was on the fence of getting it or not by the time i got mine i believe the third round was already out i’m clueless. neither i nor my husband have contracted covid. we were both mid 60s when it hit, older now! we took the pandemic seriously: masking when asked to do so, being cautious when we went out in public (masks, distancing), washing hands more than we already do, getting vaxxed and boosted. most of our pursuits are outdoors pursuits, and we like ventilation as opposed to stuffy houses. windows are usually open at night until temps hit low 40s. we modified our habits with regard to large indoor gatherings only “some” once things opened up. we don’t have the chronic diseases so pervasive these days. glad to be a test subject if someone needs one. i’ve never had covid. i have taken care of family members directly exposed repeatedly and never once tested positive. i took covid test many times along the way to make sure i was asymptomatic. same with the flu. i had the flu one time in 2012. i take care of all my family who gets the flu. no, i do not get a flu shot. ;) i’m a novid. i’ve been in a 3 person “pod” for the entire pandemic with my boyfriend and his very elderly mother, so we are certain none of us had it. that was until he took her to an er visit, and they both came down with covid three days later. however, in spite of his breathing on me for 5 full days while he was covid positive (two days are when he was contagious but didn’t have symptoms yet) and 3 days of symptoms while thinking he had a bad cold, i never got it. i did 5 home tests and even a pcr test and after two weeks never came down with it. i had the jj vax and one booster nothing else since december 2021. that’s been fifteen months, so theoretically, i am unvaccinated? i take a lot of supplements daily c, d, mag, quercetin, zinc. then there are the “next level” supplements i take if i think i’m exposed to something: oregano oil, elderberry, goldenseal, umcka etc. i’m fairly careful. mask in crowded places. i don’t interact with lots of strangers. i’d love to know how i never got it. i have not been sick with any ailment since the pandemic. i test regularly for work. the one thing i do take is pepcid ( famotidine) every night. for some reason, that is reason i have not contracted covid. my son has been diagnosed twice. we are all fully vaccinated however, covid was around for a year before a vaccine was available. i do mask and use hand sanitizers. as someone who hasn’t gone covid yet, i found my way to this article because i was curious. i know i haven’t because i know i would have symptoms and i’ve also tested frequently. most people i know have gotten it and i’ve been exposed a lot of times. ‍♀️ i have never had covid. my son has had covid 3 time and all 3 time i took care of him. this last time i even drank out of the same cup as him while he had covid and i never got it. i barely wore mask only time i wore one is when it was mandatory. i’m a 61 year old man and i have had only one vaccination it was the physer shot and i have never even had any of the symptoms for covid any type. and i never really stayed at home. i went to the stores daily. i also went to the hospital where i live and nothing. i’m in australia and all my 2x siblings have had it but mum, dad and i are yet to get it. we have all had 2 vaccines and nothing more. we are very social to the point mum and dad are at crown casino in melbourne weekly and to the shops daily they are both in their 70’s and nothing. i am not as social but was with my partner the night before he tested positive we slept in the same bed with the door closed and even kissed a lot and i still didn’t get it. so it’s very confusing to say the least. nobody in my immediate family has gotten covid that we know of (me, my 2 teenage kids, my boyfriend and his 10 year old son). although we were careful during the lockdown and are all up to date with shots and boosters, we now travel, see concerts, go to parties, museums, etc., eat out a lot and our three kids go to three different schools, mixing with a lot of different people. we all stopped wearing masks as soon as they were no longer required. we have a lot of tests on hand so test whenever one of us feels ill but so far no positive results. not sure how we’ve avoided it. i am also a novid. 59yo female, pfizer vaccinated and boosted. my husband had it last year and i cared for him unmasked. i know that i have been exposed numerous times at work, yet still manage to stay healthy. i haven’t masked in about a year, except in medical facilities in the phoenix area. coincidently, my niece has also managed to avoid it, even while caring for sick family with no precautions except her vaccination. i sure would be interested in any study that might help others. edible marijuana. i use a little every day for 3 years. have not been ill with anything. i have hashimoto’s disease and take 250mcg daily of levothyroxine. i work with people who have had it a few times. i do not wear a mask. super dodger here have been lab tested for antibodies   results negative. wash my hands avoid touching my face only wear masks where required never vaccinated or boosted for covid19 have been exposed to family member who is contagious sleeping in bed with me have ms as a result i take a daily d3 5000 had cancer have several rapid tests and test regularly in the beginning i was stressed about it. so much was unknown. once we started seeing patterns we were able to make proper adjustments. i wish everyone safe harbor as you navigate this period of history! i had covid 19 for the 1st time in march 2023. i had my 3rd vaccine at the beginning of 2022. i stopped wearing a mask in public in february 2023, as i thought maybe it is ok to do that now. i visited a friend’s home for the 1st time (whose son had a cough) in march 2023. so, i stopped being cautious, and i got it pretty much instantly. feel quite foolish about it, really. i have had covid once and never got it again; however, i had it at the end of the “bad times.” i realize covid is still here, but we know 2020 was the worst, and i got it towards the end of 2022. i am a teacher in an elementary school, and most of my students and/or their family members had covid. i was exposed to it on a daily basis (and still am). i have often wondered… how did i not get covid within those 2 years before i got it? and when i did get it… it was mild. the only reason why i took the test was because my husband tested positive. with that said… are novids really novids (unicorns)? or are they novids because they never tested? did novid’s not test because their symptoms were so mild they didn’t think they needed to test? i dont believe i have had covid. had 2 of the 3 boosters offered in the uk but haven’t worn a mask for the past 1.5yrs. im a big football (soccer) fan and attend home and many away matches in crowds of 50k+ and of course having a few beers in the pubs beforehand. my job also requires me to travel, so spend a lot of time on trains, cramped in with the great unwashed at rush hour. yet i still haven’t had covid, even though my wife, brother, sister in law, close friends have all had it. interestingly my son who was at college and is now at university also hasnt tested positive, even though he partakes in the student lifestyle. i do test frequently as my mother is 94, so there is always a worry that you pass it on unwittingly. the only tablets/supplements i take are vitamin d (2000iu) but only in the winter months. maybe its just luck but with each passing month statistically it appears more likely to at least be some level of inherent immunity. famous last words : ) i never got it, i was exposed to people who tested positive the same day of being exposed to them, no one in my household got it, none of my family in my household, none of my animals, i didn’t wear a mask or social distance, i didn’t wash my hands or sanitize. i went on with life as if it didn’t exist. my exposure was for more than an hour and i hugged and gave my niece a kiss on the top of her head. i’m 59 now so 56 when it broke, no vaccines and you won’t ever get me to take one. i do smoke a lot, i have prostate cancer, and i take opioids for pain everyday. i never get the flu either, no flu shots ever, i won’t get into my beliefs but everything i have stated here is absolutely true and i will swear to it under the penalty of perjury. i am a 60 year old nurse who works in assisted living, worked through the pandemic. 0+ blood. smoke. unvaccinated. had multiple residents with covid a couple of months ago. i go about my business without a mask, and so far, so good. not bragging, just the way i choose to live my life. will i be sorry one day? well…i smoke, so what are the chances that i will regret that too one day.? i believe we all have the right to choice in this country, and fortunately, my employer allowed me to make mine. i am interested in being in a study. i am 56 years old. i weigh 300lbs +/  depending on the day. i have not had covid. i have not been vaccinated or boostered or taken any supplements rumored to prevent infection. until i quit smoking 10 years ago, i would get bronchitis &/or pneumonia 1 3 times a year. at least one of those times severely. i have never avoided crowds, family, friends, events, stores, or work to prevent infection. i only wore a mask when absolutely necessary for work or to visit my daughter with a tbi in her care facility. i was/am exposed to positive covid people regularly. i am an employee shuttle driver for mayo clinic and a school bus driver. i was exposed to my 5 year old grandson the day before he tested positive. for 9 hours he was hugging and kissing on me, we shared drinks, food and silverware, playing and napping together. i didn’t get covid. i was exposed to one of my best friends the day before she tested positive. we were cooking together and shared a glass and silverware while taste testing. i didn’t get covid. i know i didn’t get covid because i was tested by the mayo clinic 1 2 times a week for approximately 2 years. i had to test to gain entrance into the mayo care facility my daughter lives in. i had to test for my shuttle job with mayo also. as a school bus driver, i was exposed on a daily basis with kids that didn’t keep their masks on when mandatory. i had dozens and dozens of kids test positive on a weekly basis. some days i only had 3 or 4 kids on a route of 50+. i drove a junior high route of 50+ kids and an elementary route of 50+ kids. when masks were no longer mandatory, they were still getting sick and exposing me. i never wore the mask unless it was required. i didn’t catch covid. as a mayo clinic employee shuttle driver, i was exposed on a daily basis to doctors, nurses, er workers, techs, admin, researchers, subcontractors, visiting medical personnel and others who were working with mild severe, and deadly covid patients. i haven’t caught covid. since the weekly testing has stopped, i have only had a cold once. i took 3 at home covid tests in 48 hours to make sure i wasn’t covid positive. all negative. i would be very interested in helping with a study to figure out what it is that has kept me healthy around so much sickness. i would love to be involved in a study for novids. my husband and i never had covid that we know about. we were exposed for sure from friends. we were in the us central fl astra zenica vaccine trial. we were cautious until 2021. for two years no mask, months on cruise ships, church active and store loving. i am 65. i am also a novid. i have asthma and take preventative medications, along with covid vaccines and boosters. i work in education and have been exposed to covid by family members and students. i am still masking and sanitizing along with several of my co workers. i would be happy to participate in a study to help others stay healthy. me and my family have never had covid. gad. hi, my name is anand sapruu and i am from india basically i want to share that i never had covid in the sense i have never been tested positive. there can me multiple reason for this as i am a virgin and never had sex my age is 28 years old. the other reason can be my blood type is o negative which is high in immunity and attracts mosquitoes than other blood type. and rna composition is complex for covid strain to attach to my blood. i would say if any kind of research will happen over this i would be happy to join. my husband works in a hospital and was exposed repeatedly   often multiple times on the same day. every person in his department got covid, he did not. i didn’t get it either. we had the jnj vaccine in 2020, no boosters either. neither of us has had it. we often wonder why. i am grateful that we never had it, especially seeing all the death he did. we consider ourselves lucky. we took precautions   him with an n95 and me with a simple mask. we did take herbal supplements like elderberry, but other than that, we just kept living how we normally do. i am a novid and no vaccine. i am also a rh negative blood type. antibodies were tested once as i traveled a lot and was in an airport and for curiosities sake i asked my doctor to do antibody testing. it showed i had acute exposure to covid. so i went and got tested at an urgent care center. i had the most reliable test that can be done. i had no symptoms of covid. the test came back negative. so i did not have covid. i cannot take the vaccine due to a history of allergies to vaccines. i am a very healthy 59 year old woman.. i do not take any pharmaceutical medications. and this virus does not concern me. but if i could help others by offering my blood or any testing to know why i was unaffected, i would surely oblige any such research. i have never had covid. i would love to be part of a study. my partner and i are novids. first round moderna vaccinated, boosted and bivalent boosted. but we also consistently mask in any closed air setting and have not stopped since march 2020. i was exposed twice that i know of but did not get it. always interested in helping with research. i’ve been exposed to covid at least 100 times that i know of and that’s not including the person in the grocery store or at work i was next to that may have it. i used to work in a long time care home where we got hit hard with covid. everyone in my family has gotten it, i’ve been in close prolonged contact with them yef i have never had covid. i self tested twice a week at my former place of work where there were outbreaks of covid and have never had it. i tested at home when i felt symptoms and have gone to clinics for a rapid test and a pcr and it has never been positive. i have the two series moderna vaccination and 2 boosters. 70 year old nurse with no spleen and one lobe of lung removed over 40 years ago due to mva. had all covid vaccines and use precautions and has had no covid or sickness in almost 4 years. havent had any flu or such in the last 6 years. havent had any covid shots either. have been exposed to the virus on many occasions, even kissing my partner and the next day she was diagnosed with covid and i was fine. only wore a mask when it was compulsory, like going into shops etc. i did not hide away or isolate. i lead a very healthy lifestyle, very active, lots of time outdoors and have a healthy diet. i am the king novid! no vaccines for flu nor covid. never had the flu nor covid. i only have masked when it was required to enter a building such as doctors office or grocery stores and even now the grocery stores no longer require it. 56 year old male. my wife was infected twice. bedridden for a week both times. on the other hand i’ve weathered the storm without a scratch even though we live in a three room apartment. go figure. i haven’t had covid yet, or as far as i know, haven’t been sick at all in 2 yrs. also i dont have any vaccines and ai do not intended to get any. i’ve never had the flu, never had covid. i did get vaccinated out of sheer peer pressure from my work before it became mandatory and even then i had no side effects. my husband had it twice and my son had it once. i still haven’t gotten it and never had the flu either. i find it all very interesting! my 81 year old mum and 15 year old son live with me and none of us have had covid and we have not been vaccinated at all. i do homeschool but we do get out and about and attend lots of activities but are very hygienic. i have also been in proximity with people that have had covid which has been everyone around me. i also have a lot of health issues but have not had covid. i am a 58yo rn. i worked in an ili clinic swabbing very sick patients before we knew what covid was. i swabbed many patients with no mask before the pandemic. never got sick. when the pandemic exploded, i headed to the back of our er and worked 60+ hours in the covid clinic. i work on the navajo nation. navajo nation was hit very hard with covid19. after months of working long hours in the covid clinic  still never got sick. i wouldn’t have minded getting covid19, heck all my co workers were getting time off! i tested several times after i had a known unprotected exposure  but still never positive for covid19. i would say i am definitely a novid. probably as novid as one can be! i am a super dodger. in the first year of the pandemic, i was part of a study emory did that confirmed i hadn’t been exposed to the virus at that point. as soon as the vaccine was available i got it and i have been boosted twice. i test frequently whenever i have come into contact with someone who is infected. i am fortunate enough to work from home and until recently masked in public and avoided crowds. but the virus has made it into my own home several times because i have kids who work in the public. for example, one night my daughter and i watched a movie together, side by side, as she coughed up a storm. the next day, she tested positive. i tested for 2 weeks but somehow evaded the virus. i would be interested in being tested to verify whether or not i have ever unknowingly had the virus, and would love to contribute in some way to this needed body of research to help increase our knowledge for the next time a devastating virus shows up to change our world. i’m a 41 year old woman who’s never had any of the vaccines and has never tested positive for covid. since the beginning of the pandemic, i’ve been in close contact with many friends and family that were very ill. both of my parents and both of my brothers (who all live together) had rather severe covid infections and since i wasn’t sick i would go to their house and help out, and never once wore a mask(although i was getting tested all the time). i also helped out when my daughter and her father were sick with covid, again never wearing a mask.(still getting tested). when my boyfriend and his mother got sick with covid, i’d helped them out too, still never got covid and always tested negative. i should state that these interactions with them were spaced out over 3yrs. my parents and brothers were sick in late 2020, my daughter and her father were sick in late 2021 and my boyfriend and his mother were sick in the summer of last year. i tested negative then and i’ve tested negative since then. and just to clarify so no one thinks i’m a careless disease spreader. i worked from home and i always wore a mask in public. and on a side note. i’ve also never had the flu and i’ve never had a flu shot. i guess i’ve just got an interesting immune system. i am not vaccinated , never had covid even tho during covid period i was a lot exposed , i was travelling and working from the office i was doing all the time tests to be able to travel even a blood test .. since 2019 i didn’t even had any flu or i got sick but even before covid i was never really sick with any type of flu… so i think is my good immune system ? never caught covid worked in a school, lots of kids teachers and fellow workers caught it, family members friends some caught it twice, my nose is constantly blocked im a mouth breather pretty sure that’s why it’s never bothered me. i have had vaccines and tested everytime someone has had covid. i was a carrier of epstein barr or mono depending where you live as a teenager i never caught it just passed it on, i also had a tb jab cos i’m from uk. still never caught anything but had a few colds yearly. my father, brother, and i are all novids. the crazy part is that while i (36) was vaccinated early (i worked admin in a hospital and there was extra vaccine mixed up that was going to be wasted, so i decided to take it. i wouldn’t have otherwise been eligible for the vaccine in early 2021), i have never had any boosters. i was also pregnant during 2021/2022. my father (78 at the time) was vaccinated, but only after spending months being in and out of the er (for non covid issues; he is a type one diabetic) and bh while unvaccinated all throughout 2020. my brother (32) isn’t very social, but he lives with my dad and was going to the hospital a ton because of him. he is also unvaccinated. my husband thinks he had covid earlier on in 2020, but until now i thought he must have had the flu since i never got it. now i’m not so sure. i am a novid. i have not been vaccinated and do not plan to be. i rarely get sick with anything, so if i had covid it was asymptomatic. i work in retail sales, and was back to working full time as of may 2020. my husband had already retired and did minimal local errands. i was the one out 4 5 days a week, meeting new people each day. i only wore the mask when it was strictly required and certainly not outside. i pretty much did everything as before  grocery shopping, errands, etc. i didn’t get stuff delivered to the house. i’m curious if i ever did have it, but not curious enough to pay for an antibody test. i did not wear a mask threw the entirety of the pandemic “i’d have panic attacks” i did not get any vaccine “ #jabbfreee “ i did not even get a cold or flu from 2020  to present 5/23 am i just lucky or is science still working on that part ? i’ll be 58 in june.no vax i smoke and eat lots of meat.i haven’t been sick in years.been around many with covid.hardly ever used masked.i haven’t even had a cold a sniffle nothing.i kept my life as normal i as possible could and tried not to avoid life.i take my 80yr old moms advise who has copd get busy living or get busy dying.my mom has not had covid an she’s active out and about.i was with her at least 4 days a week even during lockdowns.hugged and kissed.she finally got 2 shots2 years into the pandemic after being constantly nagged about it from certain people.it flared up her arthritis in her knees and left her with bony lumps on her knees in under 48 hrs after vaccination.she will not get a booster now. i worked frontline before the vaccine. as an asthmatic and autoimmune reactive person, never tested positive for it, or got sick. it’s interesting. i have wondered if people with auto immune disease who aren’t on immunosuppressants might have better protection? i am not vaccinated at all, i worked in the service industry throughout covid, and have had several negative antibody tests. i’ve also tested repeatedly after every known exposure to an infected person and never had a positive test. i drank from my daughter’s straw and she slept in my bed 2 nights when she had it. i used the vape pen of someone with an active infection *hoping* to get it but i can’t seem to. still no antibodies. age 94, moderna vaccinated and pfizer boosted, yearly flu shot. no noticeable reactions except my hearing suddenly deteriorated to the point where i needed hearing aids.not particularly cautious, socially inclined, attending many public events. do not smoke, eat fairly healthfully, take vitamins. neither my husband nor i have had covid. he under cancer treatment died july, 2022. i have never had the flu nor even a head cold for at least 30 years. 52, have been fully vaccinated, had on a mask a lot during the time the world essentially shut down. eventually removed the mask. i go to concerts, sport events, bars, whatever..but i also hike, bike, and skate a lot. honestly, i’ve had allergies for years. covid shots didn’t put me down. if i’ve had covid it’s symptoms were so mild that my allergies masked it. have taken multiple at home tests and always negative. honestly the shingles shots i took last year had way more impact on me than a single covid shot. covid shots i went to work the next day. shingles shots put me down for 3 days both times. i have never had covid or at least shown symptoms of it. while i could chalk that up to luck, i’d say not quite because my 5 children 14, 17, twin 18, and a 20 year old, has never has gotten or shown symptoms of it… what are the odds of having that kind of luck? my husband had covid while he was deployed. i’m wondering if it’s genetic? my kids and i have different blood types too. i’d love to hear some science behind this. in december i was exposed to covid by my sister on saturday, wednesday i thought i had covid (it was like a bad cold), i went for a covid test and it was negative. on friday, since i felt fine and had twice tested negative i went to a wedding. when i returned home on sunday, my husband was sick and i made him test for covid. he tested positive. the next day i spoke to my step brother and he and his youngest daughter and son in law were all sick with covid ( i spent time with them at the wedding so i was certain i would get sick having been exposed to it 3 times in a week). i never had any symptoms except that one day! i am 61 years young and my husband is 65. he is unvaccinated and i took 2 moderna shots initially but no follow up booster. though i don’t have any chronic illnesses i have never had the best immune system and seem to catch everything from everybody and am a slow healer to boot. if someone gets a cold they get over it in a few days to a week, for me it’s usually double that or longer. my hubby was very sick with the delta variety of covid 2 years ago. he refused to believe he had it and it took me 8 days to convince him to go get tested at urgent care. they started him on some medication and he initially improved but then started deteriorating. i was certain he had pneumonia as my late husband had cystic fibrosis and i was familiar with the signs. so i sent him back to urgent care and he was put on different and stronger medications. it was a very frightening experience and i thought i might lose husband number 2. but after 3 weeks he was well enough to return to work and about the 5 week point was feeling pretty much back to normal. i slept in a different part of the house with the windows open (20 degrees sometimes), had an air purifier going in the room he was in, we masked while around each other, and i sprayed counters etc. regularly and i never got it. i had read some medical journals that said the regular flu vaccine could offer some baseline protection, so i did take the flu shot after that. by then i wasn’t keen on taking any more covid shots after reading of so many people’s adverse reactions and i still wonder if there will be findings down the road that i put my body at risk for. six months later my hubby was on a retreat and came home with what he thought was a cold, but i knew right away it was covid again, because it was the same exact way he started the last time. we had home tests now and sure enough he had it again and i made him call the doctor asap and he was put on paxlovid and was feeling better within days and only missed a few days of work. we took the same precautions in our home as the last time and once again i did not come down with covid. in september of 2022 the day after my dad’s funeral, 2 of my siblings and several other people came down with covid that i was in close contact with. i still somehow did not come down with it. i have been exposed at this point to many people who have had it and as far as i know still have not had it. two weeks ago i thought i had it but tested negative, and determined that what i had was the regular flu (neglected to get the shot this year). when i have been exposed to people with covid i do take some extra vit. d but only 2000, usually take 1000 a day. so yes, it’s so interesting that i’m one of 2 or 3 in a family that numbers over 40 now that has not gotten it and would love to be part of a study to know why. hello, i guess i’m a “novid”… or maybe not, if i did catch it i experienced no symptoms. i got the j&j “one and done” in march 2021 and no subsequent boosters. i only masked when it was “required” to, mainly at a medical facility and at my job when i was in patient areas. i went out frequently when the establishments were open. tried to maintain a “normal” life during those times when things were shut down. i’m 63 now, and i think the last time i even had a cold in recent times was about 9 years ago. and i think the last time i caught the flu was when i was 18! i have been around people at work who have caught it (and multiple times!) other family members and close friends have caught it…so not sure if i have that super gene or just damn lucky…. i am 48. never vaxxed. never had covid. last time i had flu was in 1997. i was tested every 2 weeks from the get go due to my client having a son who is susceptible to everything. so ive never tested positive. former rn, louisiana. everyone in my family has had covid except my mother (90yrs old), one granddaughter (13 yrs old) and me (66 yrs old.) i had slept in the bed with my husband who the next day tested positive; took care of my daughter, her husband and a granddaughter who tested positive. then, two other daughters and another granddaughter tested positive. we always had a least three exposures happening at the same time. we had repeat positives months later. yet, i never test positive. no symptoms. i have always taken vit d3 (2000iu), e (400iu), coq 10 and a multivitamin daily. i added elderberry with immune support during the pandemic. i did take all of the moderna vaccine and boosters. i don’t know why? are we “super dodger,” “novider,” “super genes,” “lucky,” or god! i don’t know. my daughter was really sick. my sister was a long covider (hair loss, heart issues, brain fog…) if studying me could help someone else, if there is a study to learn why some people did not get covid after exposure(s), i’ll participate. i was in clinical trials for vaccine and booster, i have had five shots. i was a covid screener in the hospital and exposed many times. i wore a mask from the start and was careful. most of my family has had covid, some vaccinated, some not. i tested negative every time. no symptoms, haven’t had a bad cold or flu since 2014, i’m 74. i’ve not had covid. i guess i’m a”novid.” i was in england, scotland and wales on tour, playing music in crowded venues in february into march 2020. finally, i flew home to ny on 22 march 2020. we were around a lot of people and the uk was riddled with covid. 2 people in the band caught it. we were all around each other for the last week i was there because we had to stay in the same house. i stayed in the back and only saw my sick bandmates in the living room now and then. prior to this, we had been in these crowded venues all over the place. we had hand sanitizer but no masks! somehow, i didn’t catch it. then i was taking care of my husband in january 2021 as he got an infection that wouldn’t heal and was in the hospital for 6 days on antibiotics. neither of us was vaxxed yet. the hospital was so crowded that hubby was out in the hall on a stretcher for the first day! neither of us caught covid. i traveled back and forth to help my elderly mother in another state, staying at hotels and around a lot of people .. still didn’t catch it, and neither did my mom but by then we were all vaxxed. still, i know people who were vaxxed and got covid 3 times! after being vaccinated! we are glad that we never got it but we don’t know why. i stopped getting boosters in november 2021. haven’t had any of the newer ones. not sure if i should or shouldn’t get one! yikes. i got the j&j originally so i only got 1 booster. no clue why we all stayed well but glad about this. p.s. i’m 61 years old now. i am one of these so is my son and mom. both my son and i were exposed to my husband who had covid but never got it. my mom was exposed as well to my brother and her parents who also had it (they are not genetically related) and my son has been in 3 years of school with peers 2 unmasked and never had it. i’m happy about this but it’s also kinda unusual. we are all vaccinated. i can’t tell you that any of your theories are right or wrong but i’ve tested myself several times i don’t have the antigens i never get sick anyways but listen i’m homeless or i live in the woods i have a home but anyways i work at a carwash and i dumpster dive religiously i’ve even handled covid tests that was positive how in the world have i not caught it i never got the vaccine didn’t where a mask i’m just real curious i mean i have theories but everyone here will laugh but whatever i ain’t dumb i’ve forgot more then most people will ever know. ok i’ve been a pretty hardcore drug addict these last 10 years ok i’m a needle junkie unfortunately but i felt i’ll in 2021 scratchy throat i had a few of the symptoms and i did a good size shot of meth and it all went away. i’m not saying meth kills covid. i don’t know if i even started to have it if that’s what it was but is it possible that the meth did kill it and that is why i don’t have the antigens cause even if i do have a super good immune system i’d have the antigens don’t judge it may be a dumb question but i’d like to know i am a nurse and had to test frequently and never had covid positive test, neither had my fiancé. we never even had gotten a cold to indicate any symptoms. i’d be very interested to see if i am wrong and had it and not known it. i don’t see how? we count our blessings!! and thank god, and prayers. also during the pandemic my fiancé was in and out of the hospital with secondary issues from non  alcoholic cirrhosis of the liver. would like to be in a research study? ty. sherry b i dont get sick either. ever. no flu no colds nada. novid for me . out of our household of 4 only one teenager got covid. we were all vaccinated but the one who got sick had his appointment for the shot in the afternoon but tested positive in the a.m. i got diagnosed with cirrhosis 4 months before the pandemic started and was in public. rarely wore a mask unless it was mandatory.i i worked the whole pandemic and never tested positive and still haven’t. someone would get a cough and we would test. everytime negative. still to this day if we feel sick we test. we must be “novid” people. its amazing! lost friends and family members i’ve never had covid. one of my siblings had covid four times, now has a pace maker and stent in thier heart. at 78 years old i have never had covid or flu even though my husband had covid caught via grandson.i’ve tested myself regularly during the pandemic and had a test done by the gp for research.i have always worn a mask in crowded places and did when husband had covid with other precautions. family of 3 (15 yr old, 45 year old, 46 year old): vaccinated, boosted. sheltered for most of the time but recently have been going out (malls, restaurants, doctor appointments, dentist appointments   without masks). none of us have contracted covid. it could be because we sheltered way longer than most and didn’t venture out until the virus died down but we’re not sure. we still had people delivering our groceries and hot foods during that time so we had contact with other humans in that period. we had to venture out to the pharmacy for meds but we wore masks at the height of the pandemic. curious if we just got lucky or if there’s something more at play here. maybe a variety of reasons. maybe one tiny positive of having a behavioral health condition namely social anxiety disorder could be a factor in a small percentage of novids. we were conditioned, albeit abnormally to avoid people and social distance. while depressing socially and mentally having the disorder, the whole covid lockdown was a cakewalk i think for some of us. which helped avoid people and the virus altogether. not that it’s a solution. but more of an irony. i wouldn’t wish either social anxiety or covid on anyone obviously. i’ve never had a vaccine. i never wore a mask unless it was mandatory for entering a store. i’ve never had covid. i rarely get sick at all but i’ve known several people that have had it. i just never did for whatever reason. i never got a vaccine in my entire life and i never caught covid i’m immunocompromised. been tested multiple times due to others’ exposure and my own but never tested positive. was vaccinated late 2021 (it nearly did me in). family members caught it but i did not even though i personally was exposed to it a number of times and worked with other vaccinated people who caught it multiple times. i have lupus among other autoimmune diseases and was quite pleased i didn’t get it. due to the terrible effects of the “vaccine” i will never get a booster. my wife has covid and i been with her all 3time she had it never got covid i have never had covid, nor has my husband. i am completely vaxxed and boosted and as a teacher, wore a mask at work and in closed public places. i sat in a car with my daughter for 2 hrs after she tested positive for covid to get her to my home from a vacation spot. we were both masked, i never got it. i’ve been exposed many times. feeling fortunate and always careful. never had covid, neither has my special needs daughter. i’m cautious, but i’m human. we both are vaccinated and up to date on the covid vaccines. i see my self as a wall to protect my daughter. we purchase our food by the use of parking lot pickups or have it sent in. at parking lot pickup, i place lids from large plastic tubs behind my small car on the pavement, i ask the store employee to place our food on the lids rather than in the back of the car to keep my daughter isolated. i wear an n95 mask. we stay home. i’m a retired school teacher, and i’ve been exposed to a lot of viruses over the years of teaching. i have severe food allergies, my throat is continually covered in t cells, so maybe it’s the t cells, and previous infections. i feel very blessed, and i’m very thankful that my daughter is still safe. i plan on continuing to do what we’re doing because it’s working. i guess i’m one of the lucky ones. i never was vaccinated nor did i ever get covid . my husband had it and was terribly sick for over 2 weeks running a temp over 103. i did not mask up or wear gloves as i took care of him . in fact most of my extended family and friends have had the virus . i had my titers checked and was told by my physician that i have never had it . me, my husband, and our son never got covid. our son was exposed to it multiple times by his college roommates and army rotc buddies he shared quarters with during trainings who had become ill with it. my husband and i were considered essential workers so didn’t have the luxury of sheltering at home. we aren’t sure how we avoided getting it even when coworkers around us did. i am a novid, i am 79 years old and have chronic illnesses. i took very good care of myself and took all the covid vaccines and boosters. i missed a lot of family gatherings because i have copd. i wore masks when i went out. all of my family have had covid. some three times. for me it’s a combination of taking all of the vaccines and boosters and taking care of myself. i was afraid i would not make it if i got covid because of the copd. i give god all the praise! i have asthma and i’m a novid! my husband works at a hospital and during covid he would come home and i’d take his clothes and wash them, he’d come home and shower then i’d give him a welcome home kiss. i always wore a mask if i left the house even if it was just tp the mailbox and always washed my hands. i say keep germs away! always wash hands, wear mask in high risk situations and if exposed make sure even clothes are washed before you put them together with your other clothes, it may sound like alot but to me it was worth it. god will watch over us but we also have to watch over ourselves!  :) i’m a novid and have actually been tested for antibodies a few times in addition to several covid tests all negative i also never get the flu nor do i ever get the flu vaccine i rarely get colds and if i do it’s mild and goes away within usually 3 5 days at the beginning of the pandemic i worked in a public facing job which hosted 1000s of people from all over the world. i think i would make a good “test subject” crazy thing is my children did get covid and some got it more than once ??!!! to those of you who have never had covid (whether vaccinated or not), if you’ve done 23andme or other genetic testing, i’d be very curious to know if you have a double mutation on the fut2 gene (making you a fellow non secretor   you know, like that serial killer a while back). supposedly we are not likely to get the flu so maybe that’s why we didn’t end up with covid? i am a non secretor with blood type o. in my 70s. have had vaccines for covid and have been careful. several instances where i was with others who got covid on a next day basis but i did not. my brother, also in his 70s, is a non secretor and blood type is ab and did not get covid even when all other household members did. there are hypotheses and is some data out there. for example, covid 19 and secretor status: a 2021 study found that people with type a blood are at a higher risk of severity of covid 19 than type o individuals. several other studies have also made this connection (and blood type matters for disease susceptibility to several other pathogens as well). this study, though, broke out the type a individuals into secretors vs. non secretors. the results showed that non secretors that were type a were not at an increased covid risk. the type a link to increased severity, according to this study, was just in secretors.[ref] i want to note, though, that this study was rather small and needs to be replicated before putting much weight on it. source: geneticlifehacks.com referencing https://www.ncbi.nlm.nih.gov/pmc/articles/pmc8176350/ also, 23andme is doing research among those who had dna test and agreed to be surveyed. the fut2 gene is listed among those impacting getting covid or not. https://www.ncbi.nlm.nih.gov/pmc/articles/pmc10208981/ there is lots more out there. i have never had covid. my sister with whom i live, has had it twice. the first strain and then again with the delta variant. we live in a 700 sq ft home with one bathroom. i am in my late 40’s. i work on the administrative side of healthcare but had to assist with screenings and vaccination clinics for over 10,000 vaccinations and thousands of daily screenings (i did have proper ppo during these events). i handled the self completed paperwork of positive covid patients every business day for the last three years, with which i did not wear ppo (a lot of negative ones also, but also the positives). i have had multiple exposures from all my friends, family, and co workers. traveled by plane multiple times. attended large events. i moderately protect myself. i wore a mask only in the required areas such as stores. when i walked into work, when i would get to my office at work, the mask came off and never asked anyone to wear one unless it made them more comfortable. i washed my hands often. i sanitized often. in my group of friends, family and coworkers, i am the only one left that i know of that has not had covid. i just traveled with coworkers and one tested positive upon return from our weeklong trip. i’m still testing negative. i’ve had the igg and iga testing to see if i’ve ever had the virus and this testing was negative. i have self tested hundreds of times due to the number of exposures i’ve had and the nature of the work i do. i know that there are still many people who have never had it. i just find it interesting that it’s no one i know. of all of my family, friends, coworkers, i am the last one in my circle. i’m a novid. i am a novid. prior to covid 19, i started supplementing with vitamin d after finding out i was very low. during that low vitamin d period, i seem to catch every cold and flu bug that came into our office, as well as developing some new allergies. i started to take vitamin d and then increased the daily amount at the recommendation of my md. so it was fairly high when we were sent home from work for covid. during that time, my nephew arrived to stay from nyc when they shut down the universities there. i started to work in the office when requested. several time i received emails saying someone i was in close quarters with had covid. i am attributing my well being to maintaining vitamin d through out. hope this helps! no one in my house has had it, but we’ve been quarantining and masking if we had to go out. the only places we have been inside are doctor’s offices.we haven’t visited with family in over 3 years (without a mask). we are lucky we are such a big household. no one ever gets lonely here. we are vaccinated and have had all boosters available. husband is immunocompromised. i’m really shocked that more people aren’t more careful. it’s sad that everyone has grown so çomplacent with the equivalent of a new 9/11’s worth of deaths happens every week. i have never had covid and test often. i am a chaplain in a hospital setting (during height of pandemic, in the micu, 40 hrs/wk as primary unit chaplain, in and out of isolation rooms all day long   still am). all my family members have had it numerous times. spouse has it for second time right now. i have tested countless times over the last three years for work; always negative. there have been times where i felt like something is hitting me in the evening, and by morning it is gone. i have been vaccinated 2x. it just seems uncanny. i am not a precautious mask wearer, travelled freely during pandemic, went to restaurants, etc. it just seems odd, and am wondering why? i run, i take lots of vitamins including elderberry immunity gummies, and apple cider vinegar, but it still feels like i’m immune. would love to take part in a study if there is one. i was an icu nurse that worked in a dedicated covid icu. i had patient number one in the icu i worked in when covid was discovered. i wasn’t vaccinated until i had plenty of exposure. i have been tested for antibodies and tested for covid. i have never had it that i am aware of, despite being surrounded by those who have, to include family members, and also patients. i don’t know how or why. my son hasn’t had it either. his siblings and my husband have. i can’t explain it. initially i joked about my super human immune system but i’ve wondered all along what the genetic connection is. i am rh blood type ,and i am not susceptible to hiv virus also,i have worked in a casino/ bar in a hotel the whole time from the beginning of covid,i hardly wore a mask,and no vaccs..and i have never had covid or sick at all what so ever this whole time, all 4 of my kids and everyone i know around me has had it at least once and i’ve been just fine this whole time ,i’ve tried to study up on it myself why i haven’t ever caught it but i just get to a dead end every time fifty nine years young, and neither my husband nor i ever got covid. we had all the vaccines, and we both wear masks. we didn’t get out at all in the beginning, but later we did go to the grocery and even visit family. i’m not going to be so optimistic to say we will never get it, but it’s not because we haven’t tried to avoid it. never had covid. got 2 vaccines as my mom’s request. went out every day during the pandemic. wore a sequence mask. never had a flu shot. never get sick by god’s grace. won’t get any more vaccines after my brother visits. i’m getting a covid vaccine at his request even though i don’t want it. i got an infection in my arm after previnar 13 vaccine. dr gave me 10 days of penicillin for the infection in my arm. i’m done with vaccines after my brothers visit. children need them. as far as i know, i’ve never had it. husband caught it in january 2020 in ny visiting his mother in a nursing home & brought it back with him. we thought it was a bad flu except he said it was hard to breathe (harder than previous bouts with bronchitis and pneumonia) . note; he was in process of being evaluated for a liver transplant at the time. i wiped everything (walls, doors, handles, etc.) down with alcohol, we both wore masks when near and he isolated in a bedroom with window open for several weeks, even after fever broke to be on safe side. i never felt like i caught anything. thank goodness! we only learned about his exposure to covid after he was tested for antibodies a few months later. he was loaded to the surprise of his doctor, although he had seen his doctor several times during his illness and was never even tested. they were only testing hospitalized patients at that time. later in the spring, we both received vaccine and boosters. he had bad reaction dec. ’21 from 3rd pfizer booster and ended up in hospital (whether there was a link between his liver decompensation and vaccine, we will never know). he passed away in january 2022 from complications of liver disease. i did get a flu shot followed several weeks later by 1 of 2 shingle shots. i lost a huge clump of hair a few months later following the vaccinations. i do not know if the vaccine(s) or the emotional stress of becoming a widow or the combo caused hair loss. the shingle shot made me violently ill though! after speaking with physician and pharmacist, the 2nd shingle dose was discouraged because of adverse reaction. if i do get shingles, 1 shot may keep it from being a bad case per the professionals. again, as far as i know, i’ve never had covid, i’ve had no ill feelings, no head colds, no congestion, nothing. i am counting my lucky stars (only have a couple left). i am over 60, a redhead and i do have psoriasis that comes and goes. only treatment has been topical steroid creams as needed and moderate sunshine exposure. other than that, i have no health problems i’m aware of. bp, weight, cholesterol, all “normal” ranges. non cigarette smoker but cannabis use on regular basis for 40 years. my whole family has been immune to the virus (myself, my husband, my son, my mom and my dad). none of us have taken the vaccines either. yes we were those people that didn’t wear a mask either (unless we couldn’t get in an establishment without it). we also still ran our public shops and went on vacation to flordia and mexico. there are way more people than you think that have not gotten covid. i have never had covid. i have been around multiple people in my offic that had it, but never got it. i am vaccinated. j&j, then pfizer boosters. i am 55 . my partner had covid all of his tests were positive even the one at the hospital. mine were all negative and i even slept with him in bed i didn’t get it.at the very end i felt like i had a slight flu but i still didn’t test positive i was also wondering y i am 66 years old. i have never had flu shots, never had the flu or covid or covid vaccine. all my family and friends have had covid. some severe and some not so bad. have worked in office jobs most of my life with people around me getting sick often but not me. . i eat healthy most of the time, no fast food, but real homemade food. i feel blessed/lucky that i don’t get sick. i am on no medication for any health issues. my child(minor), spouse, and i are all novids. everyone in my home maintained the covid protocols up through the unofficial stand down this spring. we have all had contact with people since who have tested positive for covid, yet none of us have been infected. to put a fine point on it, my spouse and i both have comorbidities and my child is in grade school, they pass around viruses as fast as candy. yet, we are still fortunate to have avoided it. at this rate, i am looking for studies i can volunteer for for two reasons, one, im selfish and i want to know why i haven’t been infected; was it luck, the vaccines, or like hbv am i naturally immune? two, if i am immune naturally can someone use the data to make free vaccines? because that would be awesome. i never had covid. no vaccine and/or boosters ever for covid. i work construction and never wore a mask if i could help it. im 46yo. been in direct contact in covid homes. there are various reasons as to why i have yet to contract covid. i live alone, was working from home yrs before the start of the pandemic, prior to being vaccinated i always used masks when in public, and had the covid vaccine along with the boosters. i attribute all of these to not getting infected yet. i do wonder if the fact that i am hlab 27 positive has helped. from what i understand, this helps with the acquiring hiv. i am not sure if this has helped with avoiding covid. we have never had covid. tested negative for antibodies …except for spike protein from the vaccine. the reason? we wear an n 95 mask in every building except for our home. anyone who enters our home must have a negative covid test. have surgery next week and will not be wearing a mask while under anesthesia. i am greatly worried about this. i have never been vaccinated. and i have never had covid. my family has had covid and i was tested numerous times. it’s september 2023 and i am surprised by articles saying it’s difficult to find people who haven’t had covid. neither my husband nor i nor our parents (who live in different states) have had it. our 20 something daughters have had it but only this summer. i have many friends both local and not who have either never had it or got it for the first time this summer. we are all vaccinated and most of us wore masks in public spaces until last spring. most of us don’t have to take public transportation and don’t have to work with others. it shouldn’t be tha difficult to find people to study if you just look outside your own circles. 70 years old … fully vaxed (except the newest 9/2023). both sons living in my house got it a week apart. i took care of them while they were ill. sanitized everything at night when everyone was down for their sleep. i am the middle child of 5. my siblings got everything as children, i did not. they had mumps, chicken pox, measles, etc.; i did not. i work in a school and have been exposed many times. i continue to wear a mask in crowded places (including at work with my munchkins). i guess i’m a novid. i recently lost my status is being a novid this past week. i held it as a badge of honor. during the height of covid i did wear a mask, bc it was mandated, and i worked from home. once the ban was lifted, my life went back to normal. i stopped wearing a mask, traveled frequently, and went to large gatherings. i have had several occasions where i was in direct contact with people who had the virus, yet i never tested positive, or displayed symptoms . that all came out to an end on a trip to cabo. the symptoms are bad, but not as bad as no longer being apart of the covet novid group. never had covid. never had the vaccine. work in healthcare as an xray tech. been coughed on sneezed on and even thrown up on, but yet i’ve never had covid. not even so much as a sniffle. i even got the blood test to see if i had it and didn’t know it, test came back negative. never had covid. i wish someone would do testing on me to find out why, so that maybe we can eliminate this once and for all and get back to normal life again. i was an essential worker working grocery on the west coast when covid began. i spent the first year of covid unvaccinated until april 2021 when i got my first dose of pfizer. my roommate got it and we were in close contact. somehow i managed to stay covid free, probably due to . i’ve tested multiple times…at least 20 and all negative. it’s 2023, still have yet to get a positive test. i’m grateful, but i’m now the only person in my family who hasn’t gotten it now. im actually shocked as to how i’ve managed to fly under the radar for this long. yeah i’ve been careful, but not to a crazy degree. i’m a novid too. also tested positive for lupus but never activated. i have a palb2 gene mutation which gave me breast cancer. wonder if this gene also plays a role in why i never got it, even tho i was fully vaccinated, boosted and lived with someone in the same house who had covid. how do i become that part of the research? i went back to face to face university teaching in august 2020 after shitting down in march 2020. i wore my mask, i got mrna vaccinations, and the booster. i quit wearing a mask in february 2023. many of my students had covid, co workers all got it. i never did, or i was asymptomatic. i seem to do the same with common colds, too. i never had covid but i never leave my house exceptvto go to the doctor n im always wearing my mask n using hand sanitizer everytime i get back in the car or see it on a desk somewhere my husband and i are novids as well. we are fully vaccinated and i’m sure that helps, but everyone of my employees (15 total) and their families have had it… despite being vaccinated. we even traveled abroad last june and all 5 of our traveling companions contracted covid on the trip. we travelled with them in close quarters for 10 days and never got covid. so far so good, despite traveling again during this recent resurgence. we would love to know if we have had asymptomatic infections, or have some natural immunity. i am a registered nurse in canada, worked through the pandemic. still working through the outbreaks. had covid once. not really sick. i am unvaccinated with a valid medical exemption. since march 2020 i have had to work with critical staffing levels. at present, we are still using untrained agency staff to replace staff out with covid for a 3rd time. all staff up to date on vaccines and boosters. we have never stopped wearing masks. so, my question is: if the vaccines/masking were mandated to reduce the strain on the healthcare system, reduce the spread of the virus, reduce staff sick time….why…3 years and 7 months later…are healthcare facilities still experiencing staffing crisis? why are hospitals still receiving patients with complications related to covid, even though they are fully vaccinated? why are news media not asking these questions? i have not had covid. i have had 3 vaccinations. all members of my family except my son and i have had it. i played chess with my husband while he had it and still didn’t get it. i tested myself regularly all through the pandemic and results were always negative. i got the initial vaccine in 2020. no boosters no other vaccines. my husband had covid early in 2020. i was wiping his forehead with cold cloths, changing his bed linens, etc. i work in a public environment where i come in contact with many people. i do not wear a mask. i have never contracted covid. i donate blood to the rec cross and have never had covid antibodies. i would be happy to be studied if it can help others. my husband and i are both 75 years old. we chose to get vaccinated because of our ages and other health issues, mine being chronic bronchitis (not a smoker) and he had recently had whooping cough. we both got the pfizer two part vaccine and the first booster when it was made available. all through the lockdown and up until august of 2023 we never contracted covid 19. on august 24, 2023 we flew to the west coast (portland, or) from nashville, tn to chicago and on to portland. once there we boarded an american cruise lines paddle wheeler and took a river cruise on the columbia and snake rivers. we flew home on sept. 1, 2023 from lewiston, id, through salt lake city, ut and from there on to nashville. we did not mask up. however, i certainly wish that we had. we both started to fill under the weather especially on the plane from salt lake. by sunday afternoon, sept. 3, i was feeling worse and decided to test for covid. i tested positive almost immediately and i tested my husband shortly thereafter. his test was also positive almost immediately also. we called our doctor later that afternoon. we were both given paxlovid. my husband took it. i chose not to due to the side effects. my husband had a rebounding of symptoms about the 4th or 5th day into our isolation. he ran a high fever in the beginning and again on the 4th or 5th day. his fevers were both over 102. i only ran a low fever 99 to 100 degrees in the beginning. my normal temp is usually only 97 degrees f. it was not something either one of us wants to get again but i think he felt worse than i did. i was able to do the necessary chores, cooking, light cleaning, and washing for us and walking our dogs. i don’t think they got it during the time we had it and still have not gotten it. i have never had covid but everyone around me has my aunt died from covid as she nursed people that were sick and infected as well. i have a theory i havent done any research so i have no idea if anyone that has rh negative blood type has any confirmed tests positive for covid. i am ab rh negative or b rh negative i dont remember for sure but i know most definitely i am rh negative. so maybe some scientists could check and see if the rhesus monkey protein myself and other ppl that are rh negative lack if it could be the answer to a cure? let me know if anyone agrees with me or knows anything about what ive just said thanks my husband and i have never had covid. we both received the original 2 vaccines and one of the follow up vaccines. i have been in many patient homes who were actively infected   wearing mask. my husband did all the shopping wearing a mask during the entire 2020 2022 years. his email is jrmartin77@hotmail.com i have not had covid or rsv. i am rh negative 0. i am an ent nurse. my husband is an ent surgeon. he had icovid twice and also had rsv. he was briefly hospitalized with covid. 40 of my friends and relatives have had covid some 3 times and some with long haul but i never contracted it. 46 years old.. not vaxed. never had covid. i have taken 2 antibody tests and multiple covid test each time i was directly exposed. i am the only one in my family and friend group who did not get the virus. no explanation really .however, i never isolated myself(ran errands for elders during the original covid outbreak), am huge into health/wellness and organics and drink 1 2 lemons daily. but, still use bleach to clean everything. bleach & lemons might be the answer folks :) i never got covid. i got every available recommended vaccination. i do not shake hands. i wash my hands every time i touch anything another person has touched. the only exception is things in the house my wife has touched. and i am perhaps lucky. take care, everyone. this is a good article. i’m novid, i have not been vaccinated yet either. i’ve always been healthy, my blood type is o+ but i won’t lie im a germaphobe ;) i haven’t had it either and i am o+ as well. i never had the chicken pox either and i was exposed to it multiple times. not only have i not had covid (as far as i know) but my name is novid so that’s a plus no? 58 years old. never had it. traveled to vegas every single year including 2020 & 2021, 2022 & 2023. the last time i had the regular flu was when i was a child. note: vaccinated with 2 boosters. i had the flu when i was 12 and then in 2004, i had a stomach virus. that has been it for me and i am 58 and used to be a light smoker. i actually got covid a few days ago, mild. had a good amount of nausea with it and tired. after 6 days, i feel better but not 100%. in 2022, we went to a wedding with 150 people. about 30% got covid including my husband. i did not and i was way past the one year mark since having the 2nd covid shot. a wedding is a super spreader. i got covid this time from one person. go figure. my husband (54, high school teacher) and daughter (18, college student) but my son (21, college student) and i (59, self employed) have never gotten it and we have both been exposed many times (he even went to europe in summer of 2022). we live outside of los angeles. kids are currently at school in santa barbara. each of us has had the vaccine; only husband and i have had the most recent booster. last time i was sick with a cold was november 2019. i haven’t worn a mask in over a year & a half. i have isolated twice after being exposed, but i tested several times & never felt sick. not sure if it’s luck, response to the vaccines, or genes. may be a little of all 3. *should say, my husband and daughter have had covid, but son and i have not. i have never had covid. i received the first vaccination but never had any others. i donate blood to the red cross and have never shown antibodies. i lived with someone who had covid in early 2020. i cared for them, wiped their head with cloths, changed their bed linens. did not get it. i work with the public. almost everyone i work with had it at some point. not me. i’d be happy to be studied. i am thankful to be a novid. i’m a novid. so is my partner, my parents and his parents. it would be great to know exactly why. how wonderful for those who never got it nor were vaccinated. it’s unfortunate for the 1.8 million who died. november 2023 and i still have not had covid. my husband has had it twice. i’ve actually tried to catch it from him..as silly as that sounds, just to see…and he’s not restricting his movement in the house. he currently has it for the second time. i’ve tested myself twice, when he first came down with it on sunday, and again tonight before heading to choir practice. my son also has not had covid, though my daughter has had it twice. (they do not live at home.) so strange. i’ve had cancer, but not covid. still have not had covid also daughter and family have had ir 3 times and each time i have been with them close contact like sitting in same car dont know if just lucky knock on wood and at my age of 62 i think i’m doing good honestly i don’t believe people have not had this. i am not vaccinated ( not that it matters) and had it 2 times. the only reason i know i had it at all was i had to test. my first time i had zero symptoms and tested because my bf tested and came back positive. 2nd time i had mild cold/allergy symptoms and was testing weekly due to requirements at work. so i’m sure there are people out there that have had it with no symptoms or had such mild symptoms so they honesty believe they have not had it at all because they didn’t test. without regular testing there is no way to tell for sure. i never had covid. i had 2 pfizer shots and still haven’t caught it. i worked at a grocery store during the pandemic too. we had very thin cloth masks they gave us to wear and that was it. comments are closed. boston university’s alumni magazine news, opinion, community pioneering research from boston university

the antiviral drug regimen paxlovid can be lifesaving for people vulnerable to covid 19’s worst effects, helping them avoid hospitalization or worse if they catch the virus. but what about adults who are young and healthy? is there any reason they should take paxlovid if they catch covid 19? right now, there’s “no proven benefit” to doing so, and even some potential downsides, says dr. roy gulick, chief of infectious diseases at weill cornell medicine. here’s what to know. paxlovid a five day course of two different pills is approved by the u.s. food and drug administration for adults at high risk of developing severe covid 19, such as those who are elderly, immunocompromised, or have underlying health conditions. (it is also available under emergency use authorization for adolescents with health conditions that make them susceptible to serious disease.) paxlovid “absolutely works” for these patients, gulick says, slashing their chances of being hospitalized or dying and potentially shortening the length of their infections. but studies suggest that people without risk factors for severe covid 19 are unlikely to benefit from taking paxlovid. the serious covid 19 complications it is designed to prevent namely hospitalization and death are already rare among people who are young and healthy, and research from manufacturer pfizer suggests paxlovid does little to eliminate routine symptoms among lower risk people. based on these findings, pfizer stopped studying paxlovid among “standard risk” patients in 2022. for people who are unlikely to get very sick in the first place, “i don’t know that it adds a whole lot,” says dr. cameron wolfe, an infectious disease specialist at the duke university school of medicine. even in a 2023 study of canadian adults who all had some risk factors for serious disease, such as age or health problems, the researchers found that paxlovid's benefits were strongest among "extremely vulnerable" individuals, and petered out among people who weren't quite as susceptible to complications. that said, deciding who is at high risk is not always simple, wolfe says. though he is hesitant to prescribe paxlovid to someone without any risk factors for severe disease, he’s more willing to do so for people in the gray area such as a person in their 50s with some health concerns, or someone who is young and healthy but nonetheless had a bad prior case of covid 19. if you think you may benefit from paxlovid, it’s best to speak with a physician about your specific case, he says. some research suggests that high risk people who take paxlovid shortly after catching covid 19 are less likely to later develop long covid symptoms. but the same doesn’t seem to be true within the general population, according to a study published in january 2024. in the new study, researchers compared a group of about 350 vaccinated people who had covid 19 and took paxlovid with a group of about 1,250 vaccinated people who didn’t take the antiviral when they were sick. about the same percentage of people in both groups went on to experience long covid symptoms: 16% of those who’d taken paxlovid, and 14% of those who hadn’t. about 20% of people who take paxlovid later experience “rebound” positive tests, according to one recent study although it’s possible to have a rebound after an untreated case of covid 19, too. paxlovid also comes with side effects including gastrointestinal upset and a bad aftertaste. in addition, it interacts with some other medications, meaning patients may have to stop taking other drugs while they’re on it. “for people who need it, these [drawbacks] can be managed and the balance favors taking it,” gulick says. “but for people who don’t need it, there are enough negative qualities of the drug that it should be a very carefully considered decision.” finally, the federal government stopped offering paxlovid for free to everyone in the u.s. on dec. 15, 2023, meaning some people now have to pay for paxlovid. it remains free for people who are uninsured or on medicaid or medicare, and the government has also partnered with digital health company emed on a free test to treat program available to all adults. there are other covid 19 antivirals on the market, including the intravenous drug remdesivir and the pill molnupiravir. but, as with paxlovid, they’re intended for people at increased risk of getting very sick, and gulick says there’s no proof that they help people at lower risk. molnupiravir is also less effective than paxlovid, gulick says, while remdesivir is a more invasive option since it must be delivered intravenously in a medical facility. “there may be other drugs in the future that we might turn to,” gulick says. but for now, people without specific risk factors for severe disease are best off staying home, resting as much as possible, and using over the counter medications to manage symptoms. write to jamie ducharme at jamie.ducharme@time.com

thanks for signing up. what the scrutiny of desantis’s pandemic record has missed at iowa fairgrounds, in glossy cable news interviews, and during the first debate stage of the 2024 republican primary race, florida governor ron desantis has made his state’s covid 19 response central to his u.s. presidential campaign. it is a message focused on what florida did not do during the pandemic. on the debate stage, desantis said, why are we in this mess? a major reason is because how this federal government handled covid 19 by locking down this economy. it was a mistake. it should have never happened. in florida, we . . . kept our state free and open. and i can tell you this: as your president, i will never let the deep state bureaucrats lock you down. in short, desantis argues that “florida got it right and the lockdown states got it wrong.” his promise as president would be “to make america florida” when the next pandemic arises. desantis is the only major u.s. presidential prospect still campaigning on how best to protect lives and livelihoods in the pandemic in recent months, desantis has been the only major u.s. presidential prospect still campaigning on how best to protect lives and livelihoods in a pandemic. but that may be changing. this week, president donald trump and governor nikki haley each pushed back against school districts encouraging mask wearing in response to an uptick in infections and covid related hospitalizations. as the next republican debate approaches, florida’s record against covid 19  including its use of public health mandates deserves renewed attention. data from a recent peer reviewed study in the lancet shows that florida performed well in the pandemic relative to many u.s. states if one adjusts for age and other relevant biological factors. yet the reasons for that performance are not the ones that desantis has highlighted in his campaign. florida did well because it adopted early aggressive nursing home policies, testing, and gathering restrictions to slow the spread of the virus at a higher rate than even most states led by democratic governors and promoted vaccination among the elderly. these early policies encouraged floridians to continue to stay home, get vaccinated, and wear masks at a higher rate than the residents of most other u.s. states even after florida lifted its health mandates. however, signs are worrisome that governor desantis’s recent embrace of vaccine skepticism may be taking its toll in the state. pediatric immunizations in florida have declined since the pandemic started and medical exemptions have spiked to one of the highest levels in the nation. adult seasonal flu vaccination rates for floridians have likewise fallen. those trends threaten to make the sunshine state more vulnerable when the next pandemic strikes. as outlined in a recent cfr.org interactive, the health disparities among u.s. states in the pandemic were so large that they seemed more like comparisons of nations. for most of the pandemic, some states, such as new hampshire and washington, posted covid 19 death rates comparable to high performing scandinavian nations. the death rates of other states, including arizona and mississippi, rivaled those of russia, bulgaria, and peru the worst performing countries in the pandemic. where florida falls on that spectrum depends on whether the comparison adjusts state level differences in biological and demographic factors that were outside government officials’ control when the pandemic began. on deaths, these factors include age and preexisting rates of health conditions that made covid 19 outcomes worse. florida’s population is among the oldest in the country and has high rates of cancer, cardiovascular disease, and chronic respiratory illness. the state is also relatively urban; population density thus had a modest effect, especially on boosting u.s. infection rates. without standardizing for those biological and demographic factors, florida is in the bottom quartile of states on covid 19 deaths and nearly the worst state in the nation on infections. in an oranges to oranges comparison that standardizes for factors outside states’ immediate control, the sunshine state is in the top quartile on covid 19 deaths and looks a bit better on infections. from january 1, 2020 december 15, 2021 nearly all states, whether governed by republicans or democrats, instituted protective health mandates during the pandemic, including gathering restrictions, mask mandates, and closures of bars, restaurants, and gyms. most states had such mandates in place between march 2020 and june 2020. the biggest difference among states occurred in november 2020 with the emergence of the delta variant. at that point, more democratic leaning states than republican leaning states reinstituted health mandates. almost no states employed mandated measures after july 2021. the above figure, based on data from the lancet study, presents the overall use of mandates across the fifty states. florida adopted more mandates than most states even democratic leaning ones early but never reimposed them once lifted. desantis expanded testing early, and also isolated and prohibited visitors to covid patients in nursing homes, avoiding mistakes that some other states had made. in the uncertain early weeks of the pandemic, desantis closed public schools and kept them closed for the rest of that academic year. he ordered floridians to stay at home and closed nonessential business on march 29, 2020, urging floridians to stay “spiritually together, but to remain socially distant.” desantis was one of only four governors to reopen schools in the fall of 2020, but florida was still otherwise slower to lift gathering restrictions and bar and restaurant closures than most republican led states. desantis gradually lifted gathering restrictions and bar and restaurant closures in may and june of 2020, but permitted the most populous counties in florida   broward, miami dade, and palm beach   to opt out of that initial reopening and proceed at their own pace. desantis was at tampa bay hospital to cheer on the first covid 19 vaccine supplies when they arrived in florida and when the first dose was administered to a frontline health worker. florida prioritized individuals older than sixty five for early doses, even to a greater extent than cdc guidelines recommended. for a time, florida led the nation with its seniors first campaign to vaccinate this vulnerable age cohort. when looking at the sixty five plus population, florida had similar, and sometimes faster, ramp up of coverage of the initial two dose regimen than in california and new york, according to cdc data. percentage of population with a completed primary two dose series what happened next has been well reported (in the new york times and vox, among others) and has become the focus of desantis’s presidential campaign. in the spring of 2021, desantis embraced a “medical freedom” agenda in interviews, refused to advocate for booster shots and vaccination of individuals under fifty years old, and later hired a surgeon general known for discouraging covid 19 vaccination in younger age cohorts. when the delta variant struck and florida hospitalization rates surged, desantis declined to reintroduce gathering and business restrictions, or to promote vaccination or mask wearing among working age adults moves that some other republican led u.s. states embraced. florida closed its state run testing centers and reduced the frequency of its covid 19 and death reporting. the same day that the federal public health emergency for covid 19 was set to expire, desantis signed into law a ban on government agencies, businesses, and schools from requiring covid 19 testing, vaccination, and masks for entry or employment. its restrictions could apply to emergency use authorization of pandemic related vaccines more broadly. what is less well reported, however, is that floridians continued to maintain the same protective behaviors even after the state level mandates were lifted. in most states, longer adoption of protective health mandates (such as gathering restrictions, mask and vaccine mandates, and closures of bars, restaurants, and gyms) during the pandemic is associated with higher rates of the associated protective behavior (staying home, more mask wearing, and higher vaccine coverage). florida is somewhat of an outlier in that regard. it was actually in the middle of the pack among states in its use of lock downs bar and restaurant closures and stay at home orders but ranked low on mask requirements and mandate use overall (mandate propensity). nevertheless, it ranks in the top quartile of states in the lancet study for reduced mobility (a measure of people staying home relative to pre pandemic levels) and better than most states for mask use and vaccine coverage. this may be due, in part, to the continued vigilance of florida businesses, schools, and cities in maintaining such policies. in other words, florida should not be used as evidence that masks, stay at home orders, and vaccines did not matter in this pandemic when the reality is that floridians continued to adopt them even after desantis turned away from them. floridians may not be able to rely on the same level of public vigilance when the next health crisis emerges. desantis’s advocacy of medical freedom, especially for younger populations, may be taking a toll on public health more broadly in the sunshine state. between 2020 and 2022, florida had one of the largest jumps in the nation in its pediatric vaccination exemption rate for students attending school. before the pandemic, the state was already below the national average for leading pediatric vaccinations. it has since fallen further to a ten year state low for kindergarten and seventh grade vaccinations, however. during the pandemic, u.s. seasonal influenza vaccination rates for adults increased nationally to nearly 50 percent but fell in florida to 40 percent one of the lowest rates in the country. if these trends persist and extend to other public health measures, the state will be less safe. that is worrisome in a state vulnerable to climate related health threats, including outbreaks of locally transmitted malaria and dengue fever. governor ron desantis is running for president on his record during the covid 19 pandemic. it is good and important that he is doing so. doing better when the next pandemic strikes depends on elected officials’ being held accountable by voters and the press for how they performed in the most recent crisis. without that electoral and public accountability, the health benefits of living in a democracy fall away and efforts to pandemic proof the future will drift back into pre covid levels of complacency. accordingly, the same scrutiny being applied to desantis should extend to all 2024 u.s. presidential candidates, a roster stocked with current and former u.s. officials who oversaw aspects of america’s pandemic preparedness and covid 19 response, presidents and governors alike. in the case of desantis, voters will need to decide themselves which version of his leadership is most likely to manifest in preparing for and responding to the next public health crisis. it seems reasonable to assume it is the one on which he is running. thomas j. bollyky is the inaugural bloomberg chair in global health at the council on foreign relations, where he directs the global health program. ashley nies is a former intern for global health studies at the council on foreign relations. isabella turilli is a graduate student in international relations at oxford university, where she is a rhodes scholar. thank you for signing up! look for your next weekly newsletter in your inbox. donald trump's executive order could inadvertently pave the way for china to reshape global health governance initial executive orders include directives that transform u.s. foreign policy on global health ahead of 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an official website of the united states government official websites use .gov a .gov website belongs to an official government organization in the united states. secure .gov websites use https a lock ( lock locked padlock icon ) or https:// means you've safely connected to the .gov website. share sensitive information only on official, secure websites. primary site navigation logged in as: correspondence , charles f. parker, department of government, uppsala university, box 514, se‐751 20, uppsala, sweden. email: charles.parker@statsvet.uu.se corresponding author. revised 2022 mar 1; received 2021 oct 12; accepted 2022 mar 10. this is an open access article under the terms of the http://creativecommons.org/licenses/by nc nd/4.0/ license, which permits use and distribution in any medium, provided the original work is properly cited, the use is non‐commercial and no modifications or adaptations are made. this article examines the trump administration's inability to mount a timely and effective response to the covid‐19 outbreak, despite ample warning. through an empirical exploration guided by three explanatory perspectives psychological, bureau‐organizational, and agenda‐political developed from the strategic surprise, public administration, and crisis management literature, the authors seek to shed light on the mechanisms that contributed to the underestimation of the coronavirus threat by the trump administration and the slow and mismanaged federal response. the analysis highlights the extent to which the factors identified by previous studies of policy surprise and failure in other security domains are relevant for health security. the paper concludes by addressing the crucial role of executive leadership as an underlying factor in all three perspectives and discussing why the us president is ultimately responsible for ensuring a healthy policy process to guard against the pathologies implicated in the federal government's sub‐optimal response to the covid‐19 crisis. the deadly havoc unleashed by the covid‐19 pandemic has occupied center stage around the world since 2020. in the us alone, the horrifying costs of the pandemic can be measured in the millions of americans infected with sars‐cov‐2 and the many hundreds of thousands confirmed dead with or from covid‐19 to date (johns hopkins university, 2022). while the pandemic came as a rude awakening to many nonspecialists, the predominant view among health security professionals was that the question was not whether but when the next major pandemic or public health emergency would strike. yet, despite these insights, decades of preparedness work, and considerable investment, president trump, in march 2020, claimed, “nobody knew there'd be a pandemic or an epidemic of this proportion. nobody's ever seen anything like this before” (white house, 2020a). furthermore, in spite of the fact that he had received abundant warnings, president trump regularly asserted in his coronavirus task force press briefings that “nobody could have known a thing like this could happen” (white house, 2020b). such statements could easily be dismissed as self‐serving political rhetoric, but for the fact that not only the words but also the substance of the trump administration's policy reaction to the pandemic suggest a tragic failure to proactively mount a focused, whole‐of‐government and whole‐of‐society response to indications of a rapidly intensifying public health threat. like other infamous examples of alleged “surprises” in american history for example, pearl harbor, sputnik, the 2001 9/11 attacks, hurricane katrina, and the 2008 financial crisis the pandemic was anticipated. based on past outbreaks (sars, h5n1 avian influenza, swine flu, mers, ebola, zika) and regular expert warnings (john hopkins center for health security, 2019; national intelligence council, 2012, 2017; wef, 2019, 2020), a pandemic was viewed as a high probability and even overdue event within the expert community. warnings were regularly made in the media (e.g., yong, 2018), by prominent individuals, such as bill gates in a widely viewed 2015 ted talk, and by trump's own experts, who predicted, based on a 2019 influenza simulation, that the us would be underprepared, underfunded, and would be unable to respond effectively to a pandemic. with over 400,000 deaths in the us as a result of covid‐19, at the time trump left office, this assessment appears tragically prescient. multiple studies have concluded that many of the deaths in the us were avoidable. an assessment published in the lancet in february 2021 concluded that 40 percent of the covid‐19 fatalities up to that point could have been averted (woolhandler et al., 2021, p. 711), and a columbia university report conservatively estimated that between 130,000 and 210,000 deaths were attributable to the failures of the us government (redlener et al., 2020). once china informed the world of a disease outbreak on december 31, 2019, the trump administration's response was marked by downplaying the threat, inaction or partial measures, confusion, and inaccurate public statements. as a result, opportunities to slow the spread by facilitating a vigorous public health response of containment and suppression based on testing, contact tracing, and isolation were missed following the confirmation of the first us case on january 21, 2020. after banning foreign nationals from entering the us, if they had been in china in the prior 2 weeks, on january 31, an apparently overconfident trump administration was blindsided by the rapid community outbreak of covid‐19, necessitating a declaration of a national emergency on march 13, 2020. at that time, the federal government remained unable to help states carry out widespread testing despite trump's false claims that anyone who wanted a test could get one and had not addressed the expected massive shortfalls of personal protective equipment (ppe) and ventilators. by march 26, 22 states had issued shelter‐in‐place orders, and some 1 in 2 americans were in lockdown. by march 30, the death toll had exceeded 3000 and by may 28, deaths passed the 100,000 mark. at the close of 2020, the us had surpassed 346,000 deaths from sars‐cov‐2 (ajmc, 2021). this dismal result suggests three important questions: (1) why do governments (and their leaders) fail to adequately address known vulnerabilities and credible warnings about escalating threats and hazards? (2) why was the trump administration unable or unwilling to respond vigilantly to a long‐forecasted pandemic despite widespread awareness of the general threat and credible and conclusive advanced warning regarding the specific covid‐19 outbreak? (3) can concepts and frameworks culled from the literature on “strategic surprise” help explain preparedness and warning‐response failures in the health security domain? the analytical framework deployed below is derived from the strategic surprise literature in international relations, which arose from an effort to explain cases such as operation barbarossa (the german invasion of the soviet union during wwii), pearl harbor, and the arab‐israeli war of october 1973 (betts, 1982; dahl, 2013; francois & lin, 2021; jervis, 1976; kam, 1988; levite, 1987; wohlstetter, 1962). a previous effort adapted this literature to the issue area of homeland security and counter‐terrorism in an attempt to understand the inability of the us to address known vulnerabilities and threats prior to 9/11 (parker & stern, 2002, 2005). we subsequently adapted the approach and applied it also to the domain of natural hazards to study the parallel warning‐response problems associated with hurricane katrina (parker et al., 2009). here we further build on the framework by incorporating additional insights from public administration work on policy failure and the challenges of crisis management (ansell et al., 2010; ansell et al., 2021a, 2021b; boin et al., 2017; bovens & 't hart, 2016; galaz et al., 2011; howlett et al., 2015; mcconnell, 2011; mcconnell & 't hart, 2019; parker, 2015; 't hart, 2013; weible et al., 2020; widmalm et al., 2019) and apply it to the public health domain. it should be emphasized that the purpose of this early analysis of how the covid‐19 pandemic caught the trump administration off guard is not to assign blame retrospectively, but rather to help us better understand what happened and how things could have been different and to subject some existing scholarly “tools” for this task to a preliminary empirical plausibility probe (eckstein, 1975, pp. 108 113; levy, 2015) in the health security domain. to that end, we examine how the factors identified as significant in past studies of policy surprise and failure featured in the trump administration's covid‐19 response and crisis management. in the following three sections, each of the analytical perspectives of the framework will be introduced, and the potential sources of failure that fall under each of these categories will be utilized to illuminate the early and emerging empirical record from the covid‐19 case in an attempt to understand more systematically what went wrong and why. in the final section, we discuss the key role of executive leadership as an underlying determinant in all three perspectives and why the president is ultimately responsible for ensuring that a healthy policy process is in place to guard against the dysfunctions that contributed to the blunders and mistakes made in the federal government's shambolic initial response to the covid‐19 crisis. we also reflect on the extent to which the factors illuminated by previous studies in other security domains were relevant for health security and suggest avenues for future research. a number of psychological factors help to explain policy surprises and response failures. psychological factors can have a major impact on threat perception, receptivity to warning, sense‐making, and decision‐making (boin et al., 2017; parker & stern, 2002). a variety of “cold” (cognitive) and “hot” (motivational or psycho‐dynamic) psychological processes impact and can distort the interpretation of information and subsequent calibration of policy (houghton, 2014; kahneman, 2011; kahneman et al., 2021; yetiv, 2013). perception and interpretation of information are intensely colored by beliefs, prior experience, historical analogy, existing expectations, framing (not least of risks), and the individual's current cognitive “set” (jervis, 1976; kahneman, 2011; kahneman et al., 2021; khong, 1992; vertzberger, 1990). furthermore, various motivational biases and dynamics denial, wishful thinking, severe value conflict, perceived betrayal, etc. can also influence consequential decisions (wahlert, 2012; david, 1993, p. 23; jervis, 1976; yetiv, 2013). such motivational forces can dramatically distort information processing and judgment, which can leave decision‐making susceptible to multiple potential pathologies of defensive avoidance (procrastination, shifting responsibility, or bolstering the preferred alternative one has selected), which can be immobilizing and inhibit response to mounting warnings of imminent threat (bovens & 't hart, 1996; howlett et al., 2015; janis, 1982; janis & mann, 1977; mcconnell & 't hart, 2019). in this section, we focus on several related psychological patterns and mechanisms that may help us better understand the origins of the trump administration's sluggish and chaotic response to the covid‐19 crisis. these are: (1) insensitivity to threat warnings and overconfidence in preparedness and adopted policy; and (2) denial and wishful thinking. note that while behavioral and rhetorical congruence (george & stern, 2002; khong, 1992) with these patterns is relatively empirically tractable, the operation of individual and collective (e.g., small group dynamics) psychological processes are more difficult to observe and attribute (especially at a distance). furthermore, multiple psychological mechanisms and alternative motivations can generate the same behaviors, so caution in drawing inferences and conclusions is needed. trump repeatedly claimed that the coronavirus crisis was unforeseeable: “… an unforeseen problem… what a problem. came out of nowhere” (white house, 2020c). on another occasion, he said, “we're having to fix a problem that, 4 weeks ago, nobody ever thought would be a problem” (white house, 2020d). he then stated at one of his daily briefings, “i would view it as something that just surprised the whole world,” adding that it was “uncharted territory” (white house, 2020a). these claims were inaccurate and self‐serving. the threat of a pandemic was foreseeable and widely foreseen (sanger et al., 2020). regarding the covid‐19 pandemic, the early warning system worked, and, starting in january 2020, trump repeatedly received prescient warnings from the intelligence community and officials, such as national security adviser robert o'brien, deputy national‐security adviser matthew pottinger, economic adviser peter navarro, and the head of hhs, alex azar, among others (blake, 2020; harris et al., 2020; lipton et al., 2020; woodward, 2021). the alarm had been loudly sounded, and the case for a robust policy response had been made (woodward, 2021; wright, 2021). yet, although trump eventually came to accept that covid‐19 was a deadly and highly contagious disease, his staff described him as “slow to absorb the scale of the risk and to act accordingly,” and one of his closest associates said he was “baffled” by how the crisis had unfolded (lipton et al., 2020). past scholarship on warning‐response problems and threat perceptions can help us understand trump's initial insensitivity and reluctance to take immediate and decisive action. even if what happened should have been foreseeable, events that catch people off‐guard tend to be contrary to their previous expectations and often reveal faulty threat or hazard perceptions regarding acute dangers (levite, 1987). ignorance of or inaccurate mental models regarding the probability and potential harms associated with various risks, such as natural hazards or infectious disease, can impede vigilant response and reinforce propensities for inaction (janis & mann, 1977; kahneman, 2011). trump was eventually persuaded to adopt a strategy that aimed to keep the coronavirus out of the us by imposing travel limitations on passengers from china (bergengruen & hennigan, 2020; woodward, 2021). although travel restrictions were thought to be of questionable utility for fighting pandemics, on january 31, 2020, trump issued an executive order blocking entry to the us from anyone who had been in china in the previous 14 days, but it did not apply to us citizens or residents. in this context, it is interesting to note trump's predilection for labeling covid‐19 “the chinese virus” (viala‐gaudefroy & lindaman, 2020). trump's early fixation on the country and city where the virus manifested (wuhan) may well have contributed to his white house's apparent neglect to consider and attempt to head off alternative pathways for the virus to reach the us, for example, via europe. trump's “leaky” china travel ban would turn out to be something of a maginot line that the incoming virus handily circumvented. six weeks later, trump applied travel restrictions to parts of europe as well. we now know the virus was already silently spreading in the us, and trump's poorly designed and implemented orders may have exacerbated the spread by causing legal residents to rush home (bollyky & nuzzo, 2020). as cases climbed, trump's bolstering and refusal to reconsider his decisions continued. trump expressed confidence that his travel measures were sufficient, resisted more comprehensive measures, and painted a rosy picture of the efficacy of the travel restrictions, telling reporters in february: “we have it very much under control in this country … very interestingly, we've had no deaths” (white house, 2020e). days later, in a television interview on 25 february, white house economic adviser larry kudlow echoed this message, “we have contained this. i won't say airtight but pretty close to airtight” (bergengruen & hennigan, 2020). the overvaluation and apparent overconfidence in the ability of the us to deal with sars‐cov‐2 were not limited to trump and can be seen in the attitudes of other prominent officials. for example, at a january 24, 2020 senate briefing on the coronavirus, robert redfield, the head of the cdc, assured the senators that “[w]e are prepared for this” (wright, 2021); events would soon prove him wrong. watching president trump's response to the unfolding covid‐19 pandemic was to observe a leader acting and communicating in a fashion congruent with psychological denial and wishful thinking (ball et al., 2021). for months, the president continually attempted to reassure the public and the stock market via his statements at public appearances and tweets that the problem was “under control,” that it would soon go away, and that vaccines were just around the corner and could be pushed out to a receptive public at warp speed despite clear indications and expert assessments to the contrary. again, however, analytical caution is needed, and behaviors attributable to motivated bias and misperception may conceal deception and conscious misrepresentation for personal or political benefit (tetlock, 2000). in other words, a critical question in interpreting and judging the president's crisis communication regarding the covid‐19 pandemic is whether he genuinely believed that happy days would soon return and that the pandemic threat would soon recede due to the reduced travel from china (and subsequently from other countries too), seasonal weather changes, etc. or whether he simply believed that it was in his own political and/or the general interest to act as if he did. the public record of his remarks (wolfe & dale, 2020), revelations from bob woodward's march 2020 interviews on trump's private views about the danger of the virus (woodward, 2021), and reporting based on interviews with administration and government officials involved in fighting the pandemic (abutaleb et al., 2020), suggest a complex mix of politically motivated “tactical reassurance,” denial, and wishful thinking. with the publication of woodward's book in the fall of 2020, new information came to light regarding trump's private thinking regarding the transmissibility of the coronavirus. it exposed that he was aware it was more lethal than a “strenuous” flu (woodward, 2021, p. xix). in taped interviews with woodward, trump conveyed an assessment of pandemic risk very much at odds with his public statements at the time. “i wanted to always play it down,” he told woodward (2021, p. xviii), “i still like playing it down because i don't want to create a panic.” while the woodward interview reveals that, by february 2020, trump had a much firmer grasp of the danger posed by the virus than his public statements indicated, in the same interview, he also said, “i think that that goes away in two months with the heat” (woodward, 2021: xviii). even after the 28 of january president's daily brief on the magnitude of the threat and additional urgent warnings throughout february, the president initially was unwilling to take comprehensive policy measures beyond travel restrictions to fight the pandemic. according to government officials, trump's persistent reluctance to take the pandemic seriously and the dysfunctional federal response was compounded by “a president perpetually in denial” with a “proclivity toward magical thinking” (abutaleb et al., 2020). even after trump was persuaded by his experts (coronavirus task force members dr. deborah birx and dr. anthony fauci as well as cdc head dr. robert redfield among others) to take more comprehensive measures and announced his “15 days to slow the spread” campaign (march 16, 2020) and then extended it for another 30 days (march 29, 2020), denial and wishful thinking soon undermined his resolve. already in april, as cases surged, he started publicly to question the need for his measures, falsely stating that “[i]t is going away” (white house, 2020f) and, in may, he claimed that “with or without a vaccine, it's going to pass, and we're going to be back to normal” (abc news, 2020). but, as we will discuss in the final section, trump's agenda was to open the country regardless of the facts on the ground (woodward, 2021, p. 353). insights from this perspective highlight numerous problems contributing to policy failure and increased vulnerability to sub‐optimal policy outcomes. among these are factors associated with problematic organizational arrangements (structures, processes, plans, procedures, delegation of authority, administrative culture, etc.), which can create difficulties with regard to cooperation, coordination, and policy attainment (comfort et al., 2020; jordana & triviño‐salazar, 2020; kettl, 2003; parker et al., 2009; parker & stern, 2002; persson et al., 2017). in addition, archaic forms of intergovernmental relations, bureaucratic conflict, political infighting, and capacity loss can hinder or distort communication, information sharing, goal formation, and policy implementation (kam, 1988, pp. 176 198; agranoff & mcguire, 2001; fowler, 2020; ansell et al., 2021a, 2021b). we will now utilize the bureaucratic‐organizational perspective to shed light on the subpar governmental performance related to swiftly mounting an effective all‐of‐government approach to the covid‐19 pandemic. complex emergencies and extreme events often exceed the capacity of any single organization to manage on its own and necessitate multiple organizations to work in concert. in addition, disruptive events and crises, such as a pandemic, require involved organizations to combine and coordinate their efforts, horizontally and vertically, to respond effectively to the needs of the situation (aldrich, 2019; boin & bynander, 2015; christensen et al., 2016; nohrstedt et al., 2018). therefore, the plans, procedures, and capabilities for timely and effective sense‐making, coordination, up‐scaling, and supply logistics to deploy critical resources and expertise across organizations, levels, and sectors are essential dimensions of a crisis response system. (ansell et al., 2010; boin et al., 2017; parker et al., 2019; parker et al., 2020). in the us system, states and their local authorities have the primary “front‐line” responsibility for public health emergencies, as they do in other types of disasters (kettl, 2003; parker et al., 2009). however, dating back to the establishment of the robert t. stafford disaster relief and emergency assistance act of 1950 and the creation of fema in 1979, the federal government has significant responsibilities for managing national emergencies (kapucu & hu, 2022). as no state has the capacity to manage the nationwide consequences of a pandemic, national strategies have envisaged a crucial role for the federal government (see, for example, the bush administration's 2005 pandemic preparedness plan). at the federal level, the problem of pandemic response cuts across the mandates of many departments and agencies, including the department of health and human services (hhs), the centers for disease control and prevention (cdc), the fda, the federal emergency management agency (fema), the environmental protection agency, the nsc, and other federal government entities, as well as requiring cooperation and coordination with state and local health authorities. it also includes thousands of hospitals and can consist of volunteer organizations, such as the red cross. because the trump administration response was poorly led and managed in important respects, it was not able to overcome this organizational fragmentation and mount a coherent and effective federal response to the covid‐19 crisis (kapucu & hu, 2022; kapucu & moynihan, 2021; kettl, 2020; rozell & wilcox, 2020). in recognition of this organizational complexity, the obama administration built on the bush‐era plans by creating an nsc “playbook for early response to high‐consequence emerging infectious disease threats and biological incidents” (executive office of the president, 2016), which it passed on to the trump administration. the playbook provided a detailed 69‐page guide with clear instructions and procedures to facilitate a smooth all‐of‐government response to a pandemic. the document identified the involved actors, cataloged available resources, and offered a list of specific questions that should be asked and decisions that should be made at multiple levels in the federal government. the trump administration opted to shelve the nsc playbook and, in 2018, shutter nsc's directorate for global health security and biodefense which created the playbook and previously had the responsibility for supporting the white house's pandemic response (diamond & toosi, 2020). the trump administration replaced the playbook with its own set of plans centered on the revised 2018 pandemic crisis action plan (pancap) (fema, 2021). however, the 2019 hhs's crimson contagion influenza pandemic simulation revealed the trump administration's arrangements to be woefully unprepared for the challenge. hhs found it difficult to serve as the lead federal agency, other federal agencies were confused about who was in charge, federal interagency coordination performed poorly, and participating states were frustrated with processes for securing resources (new york times, 2019, p. 55). all of these problems played out in real‐time when the administration was actually faced with responding to the rigors of the covid‐19 pandemic. after china's initial january 2020 announcement, a suite of measures, along the lines outlined in the response playbook, should have been launched. however, even after cases were confirmed in the us and the who had declared a global health emergency, the trump administration's response was sluggish and largely ad hoc. when it came to the steps recommended in the 2016 playbook to move quickly to detect outbreaks, take measures to limit the spread of disease, scale‐up logistics to help with the shortfall of critical resources such as personal protective equipment, and coordinate a unified all‐of‐government response the trump administration lagged at every juncture or failed to deliver. in the absence of guidance from a properly implemented preparedness plan or top leadership, the actors crucial for an effective federal pandemic response were unable to get on the same page to coordinate and cooperate (kapucu & hu, 2022; rozell & wilcox, 2020). instead, there was vicious infighting within and between the white house, hhs, the cdc, and fda about setting shared goals over testing and which nonpharmaceutical measures to prioritize (diamond, 2020). the trump administration did not declare covid‐19 a national emergency until march 13, 2020 and, even after doing so, struggled to produce coherent, effective policies concerning mass testing, lockdowns, masking, and public communication. bureaucratic politics and organizational process scholarship (allison & zelikow, 1999; stern & verbeek, 1998), with its focus on turf concerns and sops, highlight key factors that contributed to america's initial testing fiasco. rapidly standing up an effective testing system is essential to containing infectious disease outbreaks, and the trump administration's failure to do so left public health authorities blind to the spread of the virus and essentially made duplicating the containment and suppression strategy that was working well at the time in places like south korea impossible (gottlieb, 2021; thompson, 2021). the federal government declined to use the covid‐19 diagnostic test approved by the world health organization (who). instead, the cdc insisted on developing its own test and then botched the job. the cdc and the fda also worked against quickly approving effective tests from commercial labs outside the government. the bureaucratic politics literature views policy outcomes driven by power struggles among bureaucratic interests and highlights how turf concerns and organizational parochialism can affect decision‐making and stymie collaboration with other organizational actors (allison & zelikow, 1999; vertzberger, 1990). when faced with a crisis, responsible organizations can opt to collaborate with other partners to facilitate collective action or rely more strictly on themselves and their pre‐existing preferences (kapucu, 2006; parker et al., 2020). when confronting the sars‐cov‐2 testing challenge, the cdc initially spurned collaboration and instead jealously guarded its turf and protected its narrow self‐interests, with unfortunate consequences. the cdc did not think it needed an outside test and rejected adopting the who's test or help from outside scientists and labs (kenen, 2020; shear et al., 2020a). moreover, rather than collaborating with the commercial labs, the cdc actively worked to obstruct them from developing and deploying their own tests by, for example, refusing to share its virus samples with commercial labs, which hindered test development because it “didn't view it as a part of its mission to assist these labs” (gottlieb, 2021, p. 124). the cdc also required all testing to be conducted by its labs despite lacking the capacity to deal with the levels of testing needed and prioritized protecting its intellectual property and test royalties rather than rapid production when negotiating contracts with companies to manufacture tests (gottlieb, 2021, pp. 112, 175). after protecting its turf and deciding to make a test itself, the cdc's initial tests failed to work. the origins of this debacle can be traced to the cdc's failure to follow standard operating procedures (sops) in its labs, resulting in contamination and ineffective tests (willman, 2020). according to the fda, the “c.d.c. did not manufacture its test consistent with its own protocol,” and the violations of its safety standards allowed the distribution of tests that did not work to most of the 100 state and local public health labs throughout the country (kaplan, 2020). the failure of the cdc to quickly produce, manufacture, and extensively distribute working tests could have been partially alleviated with the assistance of scientists, labs, and companies outside of the government. however, the fda's inability to relax the regulatory hurdles of its approval sops frustrated efforts to increase the country's testing capacity rapidly. as the new york times reported, although “researchers around the country quickly began creating tests that could diagnose covid‐19, many said they were hindered by the f.d.a.’s approval process” (shear et al., 2020a). despite some efforts to be responsive, the fda too proved to be a hidebound organization and displayed poor adaptive capacity. rather than dramatically altering its rules to accelerate the approval of testing, it only tinkered with its burdensome regulatory requirements, resulting in lengthy delays in allowing qualified medical centers to deploy their own tests (kenen, 2020; shear et al., 2020a). the us eventually was able to conduct more than 2 million tests per day, but, due to infighting and intra and inter‐bureaucratic conflict in and between the white house, hhs, the cdc, and the fda, the federal government was never able to agree to joint goals that prioritized, funded, and created a nationwide mass testing capacity to the extent that experts said was needed to effectively track and contain the virus (thompson, 2021). decision‐makers and organizations operate within a particular political context, and leader priorities and politicization can have a profound impact on policy action or inaction (handel, 1984, pp. 251 258; george & holl, 2000, pp. 24 25; betts, 2003; howlett et al., 2015). moreover, government nondecisions, opting not to act or to delay action, can be just as, or even more, consequential than decisions to act (weible et al., 2020, p. 228; mcconnell & 't hart, 2019). to demonstrate the influence and dynamics of politicization on why the trump administration downplayed warnings, failed to pursue an effective containment strategy, and was reluctant to implement comprehensive mitigation policies, in this section, we draw on the insights from the agenda‐setting literature and the scholarship focusing on security and threat politics (eriksson, 2001; kingdon, 1995). this body of work helps to explain why some problems and threat images at any given time are accorded a high degree of “salience” and what role focusing events can play in driving agenda and policy change (birkland, 1998; eriksson, 2001; kingdon, 1995; resodihardjo, 2021). whether a policy issue is acted upon depends upon the amount of attention and resources received from bureaucrats, politicians, the media, the public, academia, pressure groups, and political leaders. thus, it is crucial to examine which actors are involved in issue definition and agenda‐setting and to what extent and why their advocacy influences policy, especially when it comes to triggering or failing to trigger policy action. this perspective emphasizes advocacy and the conditions under which framing actors do or do not have a policy impact (birkland, 1998; eriksson, 2001; kingdon, 1995; nohrstedt, 2013; resodihardjo, 2021). the agenda‐politics perspective points to three factors that shed light on the trump administration's policy response to the covid‐19 crisis: overcrowded agendas, misplaced political priorities, and threat framing contests. the agendas of presidential administrations are habitually overloaded. myriad issues compete for the scarce time and attention of the president, advisers, staff, and cabinet members. policymakers tend to devote time to issues selectively and sequentially rather than concurrently and comprehensively (march, 1994). when a new problem or risk arises, it can take time for decision‐makers to reorient their priorities. even in the face of an urgent crisis, uncertainty and the tendency to frame events in ways that buttress existing beliefs and preferences can render policy actors resistant to changing priorities (baumgartner & jones, 1991; nohrstedt et al., 2021; weible et al., 2020). political leaders, particularly in election years, will also be extremely sensitive to how a crisis might impact their political fortunes (boin et al., 2021, p. 75). at the outset of the pandemic, trump was under impeachment. the impeachment trial began in the us senate on 16 january 2020 and ended with his acquittal on february 5. on january 3, the us carried out a drone strike ordered by the president that killed top iranian general qasem soleimani in baghdad. a round of tough trade negotiations with china concluded with trump signing the first phase of a us‐china trade deal on january 15. in addition, trump was preparing for and, on february 4, gave his state of the union address. trump also attended the davos, switzerland world economic forum in late january and traveled to india for a state visit in february. throughout the covid‐19 crisis, donald trump's lodestar priority was his bid for reelection (rucker & dawsey, 2020; woodward, 2021). trump's 2020 campaign centerpiece was that he had made america great again by delivering a strong economy, low unemployment, and a rising stock market. at his february 4, 2020 state of the union address, trump made his case: “jobs are booming, incomes are soaring, poverty is plummeting, crime is falling, confidence is surging, and our country is thriving … america's fortunes are on the rise, and america's future is blazing bright” (cnn, 2020). in that same speech, he briefly mentioned the coronavirus, promising to fight infectious diseases, work together with china on the outbreak, and to “take all necessary steps to safeguard our citizens from this threat” (cnn, 2020). in fact, trump and some of his closest advisors were reluctant to enact intrusive measures (mass‐testing and nonpharmaceutical interventions), preoccupied with how public statements and policies would affect the stock market and his approval ratings, and obsessed with how the optics of the pandemic and the federal government's response would affect trump's bid for reelection (diamond, 2020; mcgraw & oprysko, 2020; shear et al., 2020c; woodward, 2021; wright, 2021). significant problems will not be dealt with if they are not framed in a compelling way that convinces the top decision‐makers to act, given competing priorities and overcrowded agendas. this problem can be exacerbated when the proponents of an issue or a particular policy option (such as those who were adamant that the us reopen after the 45‐day shutdown) attempt to strengthen their argument by downgrading the importance of another issue on the agenda (the necessity for mass covid‐19 testing), especially if those issues are seen as competitors. in addition, blame games, driven by the desire to avoid being held accountable for sub‐optimal outcomes, can also influence how an issue is framed, which policies are or are not pursued, and can hinder crisis management (brändström & kuipers, 2003; boin et al., 2019, p. 151). incumbents facing an upcoming election have a strong incentive to shift responsibility and blame others by endogenizing the causes of a crisis (boin et al., 2021, p. 71 74). when considering the role framing contests played in affecting how the trump administration responded and managed the covid‐19 crisis, it is important to note not only who was dominating agenda‐setting, but also how issues were framed and presented to the white house, the relevant government departments, and the public. as the ultimate decision‐maker and the framer‐in‐chief, president trump was simultaneously the principal audience for the framing efforts of government officials and his staff and the key tone‐setter for his administration and the public. throughout february, some white house officials felt the president and other senior officials were not taking the threat posed by the coronavirus seriously enough and were pressing for trump to take more aggressive action beyond limiting travel from china (lipton et al., 2020; mcgraw & oprysko, 2020). early on, trump and some of his closest aides saw urgent warnings about the coronavirus from figures such as hss secretary azar as alarmist (lipton et al., 2020). in a white house where officials that presented favorable news were rewarded, and those who delivered unwelcome news were shunned or risked punishment, trump incentivized officials to highlight the rosiest scenarios in briefings (diamond, 2020). from the start, trump made it clear that he wanted the coronavirus case numbers to be as low as possible, emphasizing appearances over situational awareness. when cdc official nancy messonnier departed from the administration's line that everything was under control and bluntly warned that community spread was inevitable and everyday life could be severely disrupted, the stock market fell, and trump flew into a rage (woodward, 2021, p. 252). with cases rising and the stock market plummeting, the president was eventually convinced by advisors and key members of the coronavirus task force that the dangers posed by covid‐19 required more urgent action, and he agreed to support an unprecedented 15‐day national shutdown of nonessential activity to slow the spread (mcgraw & oprysko, 2020; white house, 2020g). in a high‐stakes 15 march oval office meeting, fauci and birx, in the face of skepticism from treasury secretary mnuchin, successfully made the case that a shutdown was necessary to flatten the curve (woodward, 2021, p. 280 281). trump, sobered by worst‐case scenario death projections (mcgraw & oprysko, 2020), accepted fauci and birx's public health framing that a shutdown was needed to prevent the health care system from being overwhelmed and save lives (white house, 2020h). trump was then persuaded to extend the shutdown for an additional 30 days. in addition to the shutdown, to cope with the economic fallout of the covid‐19 pandemic, trump supported, and, on march 27, 2020, signed into law, a $2.2 trillion economic stimulus bill, the coronavirus aid, relief, and economic security act (cares) (ajmc, 2021). the trump administration also supported operation warp speed (ows), which provided funding to facilitate and accelerate the development of a covid‐19 vaccine. already in april, however, prior to the end of the shutdown, trump and key aides, such as white house chief of staff mark meadows, had decided, as trump had written in an earlier tweet, that the coronavirus cure could not be “be worse than the problem itself” (woodward, 2021, p. 289). from that point on, throughout the summer, and until election day, trump would frame the covid‐19 crisis as a fading problem that was soon going away; blame china for failing to stop the “china virus;” tout false remedies such as hydroxychloroquine; undermine state mitigation measures and encourage protestors by tweeting “liberate minnesota,” “liberate michigan,” and “liberate virginia;” question the need for wearing masks; make strange statements such as suggesting covid‐19 could be treated by injecting disinfectants; and tell the public and his officials that he wanted testing to be slowed down because more testing would find more cases (shear et al., 2020c; abc news, 2020; rucker & dawsey, 2020; woodward, 2021). how an issue is framed and acted upon is often dependent on influential policy entrepreneurs, which, in turn, is dependent upon access to the president (parker & stern, 2005, p. 319). once president trump decided to reopen the country, he marginalized figures like fauci and birk in favor of key advisers, particularly chief of staff mark meadows and scott atlas, a neuroradiologist, who were promoting an overly optimistic view of the pandemic and were skeptical of the need for nonpharmaceutical interventions (wright, 2021). atlas, who had caught trump's attention as a regular on fox news, joined the coronavirus task force in august 2020. after his arrival, trump stopped listening to the government's public health experts (shear et al., 2020b; wright, 2021). the new york times reported that the way atlas framed the situation was “exactly what the president wanted to hear: the virus is overblown, the number of deaths is exaggerated, testing is overrated, lockdowns do more harm than good” (shear et al., 2020b). from that point on, it would be primarily the views of atlas, rather than other public health officials, that would shape the white house's coronavirus response and public messaging. the framing contests and agenda politics that played out in the white house help illuminate why trump and his administration neglected proven methods of fighting a pandemic drawn from lessons that dated back to 1918 about instituting nonpharmaceutical measures and clearly, consistently, and accurately communicating to the public about the necessary measures to fight the pandemic (barry, 2009). we began this article by posing three questions: (1) why do governments (and their leaders) fail to adequately address known vulnerabilities and credible warnings about escalating threats and hazards? (2) why was the trump administration unable or unwilling to respond vigilantly to a long‐forecasted pandemic despite widespread awareness of the general threat and credible and conclusive advanced warning regarding the specific covid‐19 outbreak? (3) can concepts and frameworks derived from the literature on “strategic surprise” help explain preparedness and warning‐response failures in the health security domain? to explore the first question, we deployed a tripartite framework based on our previous work on warning‐response failure (parker et al., 2009; parker & stern, 2002, 2005), emphasizing a combination of psychological (cognitive and motivational bias), bureau‐organizational (organizational fragmentation, competition, and turf concerns), and agenda‐political factors (prioritization of attention and resources and competitive framing). this literature suggests that discernible patterns of denial, disorganization, and distraction, as well as bureaucratic conflict, and the politicization of threat assessment and policy measures go a long way in explaining historical warning‐response failures. regarding the second question, factors associated with these three perspectives shed considerable light on the dynamics that contributed to the trump administration's failure to proactively address the threat and effectively manage the pandemic and by extension to the comparatively high toll of lives lost in the us during that period. as suggested in the apt title of a recent paper by platje et al. (2020), the covid‐19 pandemic appears to have been “both an expected and unexpected event.” however, many of the critical challenges that vexed the trump administration's response were not only foreseeable but were, in fact, foreseen. the empirical results from this study of the trump administration's response to the covid‐19 pandemic, much like the ones reported from previous cases of strategic surprise and policy failure, such as 9/11 or the hurricane katrina response (parker et al., 2009; parker & stern, 2002, 2005), suggest that leadership is a key underlying determinant in all three perspectives. leaders, like their followers, are human and susceptible to the various forms of cognitive and motivational biases outlined above. furthermore, leaders set the tone not only for their advisory groups and networks but to a large extent for the wider executive branch bureaucracies as well (george & stern, 2002; preston, 2001; preston & 't hart, 1999; stern & sundelius, 1997). malignant forms of bureaucratic politics flourish and organizational logjams persist when leaders (or their surrogates) fail to create a transparent interagency decision‐making process, cut through the red tape, or set constructive norms for policy discourse (rosati, 2000). donald trump and his top officials failed to provide scientifically informed, normative leadership, resulting in fierce infighting between multiple power centers, blame‐shifting, ambiguity regarding who was in charge, and a delayed, disorganized response to the pandemic. finally, from an agenda‐political perspective, although others may be more or less skillful in securing access and making their cases for preferred policies, the buck stops in the oval office. the definitive duty for setting the political and policy agenda rests with the white house. when the executive initially suggests that the stock market and not public health is of the utmost importance and makes it clear that bad news is unwelcome, shifting priorities and rapidly responding and adjusting to new information becomes difficult. at the end of the day, presidents are responsible for (although not entirely in control of) the political agenda. responding to pandemics is challenging, and many countries struggled to manage the covid‐19 crisis (boin et al., 2021). it is also important to recognize that not all of the problems of the us response can be laid at the feet of president trump. as we showed above, the cdc's initial testing failures resulted from institutional ills that were independent of the president, and the pandemic revealed dysfunction and institutional rot at the cdc and fda that predated the trump administration (gottlieb, 2021). however, despite favorable circumstances sufficient early warning, substantial capacity, a venerable center for disease control and prevention, vast resources, high‐quality laboratories, and world‐leading scientific expertise the trump administration demonstrated incompetence in responding to and managing the sars‐cov‐2 outbreak. the us, although it represents just 4% of the world's population, accounted for over 20% of all confirmed covid‐19 cases and deaths worldwide that took place on trump's watch (johns hopkins university, 2022). this outcome was not inevitable. with a timelier, focused, scientifically informed, and sustained whole‐of‐government response, it has been estimated that hundreds of thousands of covid‐19 deaths could have been avoided (redlener et al., 2020; woolhandler et al., 2021). ultimately, in the us system, as the commander‐in‐chief, presidents are responsible for the decisions the federal government makes or fails to make, the mobilization and coordination of the federal response to national crises, and setting and enforcing the proper priorities. in the final analysis, when it comes to assessing responsibility for the avoidable failures of the federal government's covid‐19 performance, the evidence examined here indicates that, while not responsible for everything that went wrong, president trump was a decisive factor behind the tragically sub‐optimal us pandemic response. regarding the third question, there are considerable similarities in the patterns underlying warning‐response failures in the military, homeland security, emergency management, and health security realms. while perhaps counter‐intuitive, this is not particularly surprising as the warning‐response framework applied in this paper departs from enduring and empirically well‐documented features of the human mind, organizations, and the political environment typical of crisis management in the us and other highly developed countries (oecd, 2015; parker et al., 2009). for this reason, a natural next step in this line of research would be to apply the framework systematically to a variety of other contingencies such as cyberattacks and information operations (francois & lin, 2021) in order to demonstrate further and delineate the scope and limitations of applicability pertaining to the approach and formulate propositions about the relative importance of the “cuts” (and the particular mechanisms identified within them) across issue areas and circumstances. in our view, there is an opportunity for mid‐range theory development based on the rigorous comparison of warning‐response failures in different policy domains. finally, because we are interested in a knowledge base that can contribute to the avoidance of the types of failures analyzed here, like others before us (bovens & 't hart, 2016; mcconnell, 2011), we believe there is a need for more studies that diagnose both failure and success. understanding failure remains essential, but there is more work to be done with medium‐n comparative case designs that study the dynamics of policy success compared with those of failure. the quest to enhance societal security demands we embrace the challenge of learning from crisis management successes and failures. the authors declare no conflict of interest. the authors would like to thank the anonymous reviewers for their constructive comments on an earlier draft of this article. eric k. stern is grateful for the financial and institutional support provided by ualbany. charles f. parker is grateful for the generous financial support provided by the centre of natural hazards and disaster science (cnds), uppsala university, sweden. parker, c. f. , & stern, e. k. (2022). the trump administration and the covid‐19 crisis: exploring the warning‐response problems and missed opportunities of a public health emergency. public administration, 1 17. 10.1111/padm.12843 funding information centre of natural hazards and disaster science (cnds); ualbany data derived from public domain resources. the empirics that support the conclusions of this study are publically available primary and secondary source materials that were cited in the paper and appear in the reference list. this section collects any data citations, data availability statements, or supplementary materials included in this article. data derived from public domain resources. the empirics that support the conclusions of this study are publically available primary and secondary source materials that were cited in the paper and appear in the reference list. articles from public administration are provided here courtesy of wiley connect with nlm national library of medicine 8600 rockville pike bethesda, md 20894

women who go through menopause later in life have healthier blood vessels for years to come than those who go through it earlier, according to new cu boulder research. the study, published in the american heart association journal circulation research, offers new insight into why females who stop menstruating later are significantly less likely to have heart attacks and strokes in their postmenopausal years. arriving just in time for women’s heart health month, the findings could help lead to new therapies, including dietary interventions, to reduce risk of heart disease which is the no. 1 killer of women. “our paper identifies that there’s actually a physiological benefit to later onset menopause and is one of the first to identify the specific mechanisms driving these benefits,” said first author sanna darvish, a phd candidate in the department of integrative physiology. nearly half of women in the u.s. live with heart disease and it accounts for about one in five female deaths each year. while females are less likely to die of a heart attack or stroke than males for most of their life, their risk spikes and overtakes male risk after menopause. but there is one notable caveat to this trend. previous studies show that women who hit menopause defined as going one year without a period at age 55 or later are as much as 20% less likely to develop heart disease than those who cease menstruation at the usual 45 to 54 years old. darvish and her colleagues at cu’s integrative physiology of aging laboratory set out to determine why. they assessed the vascular health of 92 women, looking specifically at a measure called brachial artery flow mediated dilation (fmd), or how well their brachial artery the main blood vessel in the upper arm dilates with increased blood flow. the team also measured the health of the women’s mitochondria, the energy powerhouses in the cells lining their blood vessels. and they took a close look at what molecules were coursing through their bloodstream. not surprisingly, all the postmenopausal women had significantly worse arterial function than their premenopausal counterparts. that’s in part because, as people age, they produce less nitric oxide, a compound that helps blood vessels dilate and keeps them from getting stiff and developing plaque. mitochondria in cells lining the blood vessels also become dysfunctional with age and generate more damaging molecules called free radicals, explained darvish. when menopause hits, the age related decline in vascular health accelerates. but the 10% or so of women who experience late onset menopause appear to be somewhat protected from this effect, said senior author matthew rossman. for instance, the study found that vascular function was only 24% worse in the late onset menopause group compared to the premenopausal group, while those in the normal onset group had 51% worse vascular health. remarkably, such differences between the groups persisted five years or more after the women went through menopause, with the late onset group still having 44% better vascular function than the normal onset group. in the late onset group mitochondria lso functioned better, producing fewer free radicals, the study found. the circulating blood of the two groups also looked different, with the late onset group showing “more favorable” levels of 15 different lipid, or fat,  related metabolites in their blood. “our data suggest that women who complete menopause at a later age have a kind of natural inherent protection from vascular dysfunction that can come from oxidative stress over time,” said rossman, an assistant research professor in the department of integrative physiology. more research is necessary to determine exactly what drives that protection, but the researchers suspect better mitochondrial function and certain lipids circulating in their blood may play a role. next, the team plans to explore how early onset menopause might impact heart health, and whether nutritional supplements aimed at neutralizing free radicals inside blood vessels might reduce heart disease risk in women at greater risk. in one previous study, rossman found initial evidence that mitoq a chemically altered version of the antioxidant coenzyme q10 that targets mitochondria reversed blood vessel aging significantly within weeks in male and female subjects. a larger clinical trial is now underway. “we hope this work puts age at menopause on the map as a female specific risk factor that women and their doctors discuss more,” said darvish. sign up for alerts administrative ememos buff bulletin board events calendar submit a story editorial guidelines email your feedback for cu boulder today.cu boulder today is created by strategic relations and communications. university of colorado boulder © regents of the university of colorado privacy • legal & trademarks • campus map university of colorado boulder © regents of the university of colorado

official websites use .gov a .gov website belongs to an official government organization in the united states. secure .gov websites use https a lock ( ) or https:// means you've safely connected to the .gov website. share sensitive information only on official, secure websites. weekly / january 28, 2022 / 71(4);132 138 on january 21, 2022, this report was posted online as an mmwr early release. amelia g. johnson, drph1,*; avnika b. amin, phd1,*; akilah r. ali, mph1; brooke hoots, phd1; betsy l. cadwell, phd1; shivani arora, mph2; tigran avoundjian, phd3; abiola o. awofeso, dvm4; jason barnes, mba5; nagla s. bayoumi, drph6; katherine busen, mph7; carolyn chang, mph8; mike cima, phd9; molly crockett, mph10; alicia cronquist, mph11; sherri davidson, phd12; elizabeth davis, ma13; janelle delgadillo5; vajeera dorabawila, phd14; cherie drenzek, dvm15; leah eisenstein, mph16; hannah e. fast, mph17; ashley gent, mph16; julie hand, msph18; dina hoefer, phd14; corinne holtzman, mph19; amanda jara, dvm15; amanda jones, mph20; ishrat kamal ahmed, phd21; sarah kangas, mph22; fnu kanishka, mph21; ramandeep kaur, phd12; saadiah khan, mph6; justice king, msc1; samantha kirkendall, ms23; anna klioueva, mph24; anna kocharian, ms22; frances y. kwon, mph2; jacqueline logan, mph25; b. casey lyons, mph26; shelby lyons, mph18; andrea may, mph27; donald mccormick; mshi9; erica mendoza, mas24; lauren milroy, mph28; allison o’donnell, mph10; melissa pike, mph11; sargis pogosjans, mph3; amy saupe, mph19; jessica sell, mph8; elizabeth smith, mph15; daniel m. sosin, md13; emma stanislawski, mph13; molly k. steele, phd1; meagan stephenson, mph1; allen stout, ms7; kyle strand21; buddhi p. tilakaratne, phd4; kathryn turner, phd23; hailey vest, mph28; sydni warner, ms22; caleb wiedeman, mph25; allison zaldivar, mph27; benjamin j. silk, phd1; heather m. scobie, phd1 (view author affiliations) what is already known about this topic? although covid 19 vaccine effectiveness decreased with emergence of the delta variant and waning of vaccine induced immunity, protection against hospitalization and death has remained high. what is added by this report? in 25 u.s. jurisdictions, decreases in case incidence rate ratios for unvaccinated versus fully vaccinated persons with and without booster vaccine doses were observed when the omicron variant emerged in december 2021. protection against infection and death during the delta predominant period and against infection during omicron emergence were higher among booster vaccine dose recipients, especially among persons aged 50 64 and ≥65 years. what are the implications for public health practice? covid 19 vaccination protected against sars cov 2 infection, even as the omicron variant became predominant. all eligible persons should stay up to date with covid 19 vaccination. views equals page views plus pdf downloads table 1 table 2 previous reports of covid 19 case, hospitalization, and death rates by vaccination status† indicate that vaccine protection against infection, as well as serious covid 19 illness for some groups, declined with the emergence of the b.1.617.2 (delta) variant of sars cov 2, the virus that causes covid 19, and waning of vaccine induced immunity (1 4). during august november 2021, cdc recommended§ additional primary covid 19 vaccine doses among immunocompromised persons and booster doses among persons aged ≥18 years (5). the sars cov 2 b.1.1.529 (omicron) variant emerged in the united states during december 2021 (6) and by december 25 accounted for 72% of sequenced lineages (7). to assess the impact of full vaccination with additional and booster doses (booster doses),¶ case and death rates and incidence rate ratios (irrs) were estimated among unvaccinated and fully vaccinated adults by receipt of booster doses during pre delta (april may 2021), delta emergence (june 2021), delta predominance (july november 2021), and omicron emergence (december 2021) periods in the united states. during 2021, averaged weekly, age standardized case irrs among unvaccinated persons compared with fully vaccinated persons decreased from 13.9 pre delta to 8.7 as delta emerged, and to 5.1 during the period of delta predominance. during october november, unvaccinated persons had 13.9 and 53.2 times the risks for infection and covid 19 associated death, respectively, compared with fully vaccinated persons who received booster doses, and 4.0 and 12.7 times the risks compared with fully vaccinated persons without booster doses. when the omicron variant emerged during december 2021, case irrs decreased to 4.9 for fully vaccinated persons with booster doses and 2.8 for those without booster doses, relative to october november 2021. the highest impact of booster doses against infection and death compared with full vaccination without booster doses was recorded among persons aged 50 64 and ≥65 years. eligible persons should stay up to date with covid 19 vaccinations. weekly covid 19 cases (april 4 december 25, 2021) and associated deaths (april 4 december 4, 2021) by vaccination status, including additional and booster doses starting october 3, were reported from 25 state and local health departments that routinely link case surveillance to vaccination data from immunization registries; 2  and 5 week reporting lag times for cases and deaths, respectively, allowed for more complete reporting, data linkage, and mortality ascertainment. standardized definitions were used for covid 19 cases in fully vaccinated or unvaccinated persons, covid 19 cases in fully vaccinated persons with booster doses, and covid 19 associated deaths,** with specimen collection dates used as time points. partially vaccinated persons were excluded; reinfections occurring after >90 days were counted as new cases, per current guidance. analysis periods were determined based on variant proportion estimates in the united states.†† age specific vaccine administration data were used for incidence rate denominators; numbers of unvaccinated persons were estimated by subtracting the numbers of fully and partially vaccinated persons from 2019 u.s. intercensal population estimates.§§ a continuity correction assumed at ≥5% of each age group and jurisdiction would always be unvaccinated (i.e., fully vaccinated coverage ≤95%). average weekly incidences were calculated by age group (18 49, 50 64, and ≥65 years), vaccination status, and primary series vaccine product (ad.26.cov2.s [janssen {johnson & johnson}], bnt162b2 [pfizer biontech], and mrna 1273 [moderna]) during each period; rates overall and by vaccine product were age standardized using the 2000 u.s. census standard population.¶¶ irrs were calculated by dividing incidence among unvaccinated persons by incidence among fully vaccinated persons (overall and by receipt of booster doses); after detrending the underlying linear changes in incidence, 95% cis were calculated based on the remaining variation in observed weekly rates (8,9). to interpret irr changes, age standardized crude vaccine effectiveness (ve) was estimated as (1 − [incidence in vaccinated / incidence in unvaccinated]). sas (version 9.4; sas institute) and r (version 4.1.0; r foundation) were used to conduct all analyses. this activity was conducted consistent with applicable federal law and cdc policy.*** during april 4 december 25, 2021, a total of 6,812,040 covid 19 cases among unvaccinated persons and 2,866,517 cases among fully vaccinated persons were reported among persons aged ≥18 years in 25 u.s. jurisdictions; 94,640 and 22,567 covid 19 associated deaths among unvaccinated and fully vaccinated persons, respectively, were reported by december 4 (table 1). average weekly, age standardized rates of cases and deaths (events per 100,000 population) were higher during periods of delta predominance and omicron emergence than during pre delta and delta emergence periods and were consistently higher in all periods among unvaccinated persons (range = 64.0 725.6 [cases] and 1.5 11.4 [deaths]) than among fully vaccinated persons (range = 7.4 230.9 and 0.1 0.7). the age standardized irr for cases in unvaccinated versus fully vaccinated persons was 13.9 during april may and progressively declined to 8.7 during june, 5.1 during july november, and 3.1 during december, coinciding with the periods of delta emergence, delta predominance, and omicron emergence, respectively. this decline suggests a change in crude ve for infection from 93% during april may, to 89% during june, 80% during july november, and to 68% during december. age standardized irrs for deaths among unvaccinated versus fully vaccinated persons were relatively stable; crude ve for deaths was 95% during april may, 94% during june, and 94% during july november. rates of covid 19 cases were lowest among fully vaccinated persons with a booster dose, compared with fully vaccinated persons without a booster dose, and much lower than rates among unvaccinated persons during october november (25.0, 87.7, and 347.8 per 100,000 population, respectively) and december 2021 (148.6, 254.8, and 725.6 per 100,000 population, respectively) (table 2). similar trends were noted for differences in the mortality rates among these three groups (0.1, 0.6, and 7.8 per 100,000 population, respectively) during october november. age standardized case irrs among unvaccinated persons compared with fully vaccinated persons with a booster dose declined from 13.9 during october november to 4.9 during december, representing potential decreases in crude ve for infection from 93% to 80%, respectively. comparing unvaccinated persons with fully vaccinated persons without a booster dose, age standardized case irrs during october november and december were 4.0 and 2.8 respectively, representing decreases in ve from 75% to 64%. during october november, age standardized irrs for deaths among unvaccinated persons were 53.2 compared with those in fully vaccinated persons with a booster dose and 12.7 compared with persons without a booster dose; these results represented crude ve against death of 98% and 92%, respectively. protection improved among persons who received a booster dose compared with not receiving a booster, regardless of primary series vaccine product type. booster doses provided the largest gains in protection among persons aged ≥65 years followed by persons aged 50 64 years when compared with those aged 18 49 years. peaks in age standardized case and death rates occurred during august (>95% of infections attributed to the delta variant); case rates also peaked during the 2 weeks ending december 18 and 25 (39% and 72% infections attributed to the omicron variant, respectively) (figure). irrs during the pre delta period and period of delta predominance periods were relatively stable, followed by declines corresponding to transitions in variant prevalence (supplementary figure, https://stacks.cdc.gov/view/cdc/113543). differences in case rates between fully vaccinated persons with and without a booster dose decreased over time; however, more protection was afforded from booster doses, even during omicron emergence. top covid 19 vaccines reduced risks for sars cov 2 infection and covid 19 associated death during periods of delta variant predominance and infection risk during omicron variant emergence. because of reporting lags, the influence of the omicron variant on covid 19 associated deaths by vaccination status in december could not be evaluated. substantial case rate increases were recorded among unvaccinated and vaccinated persons when omicron became the predominant variant in december, resulting in decreased irrs and declining crude ve estimates (7). irrs and ve were higher among persons who were fully vaccinated and had received a booster dose than among fully vaccinated persons who had not received a booster dose for cases and deaths during the period of delta predominance and for cases during the period of omicron emergence in december. the added benefits of booster doses were especially prominent among persons aged 50 64 and ≥65 years. the findings in this report are subject to at least five limitations. first, booster doses could not be distinguished from additional primary doses administered to immunocompromised persons, which could result in reduced irrs because of lower ve in this population. second, this ecological study lacked multivariable adjustments, and causality could not be determined. possible differences in testing, infection derived immunity, waning of vaccine derived immunity, or prevention behaviors by age and vaccination status might partly explain differences in rates between groups; trends are likely affected by temporal changes in testing or reporting. third, national variant prevalence estimates were used, but prevalence differed by jurisdiction over time. fourth, variable data linkage completeness might have resulted in misclassifications (e.g., booster doses not being linked to primary series) that could influence irr estimates (5). finally, these data represent 62% of the overall u.s. population, and therefore might not be generalizable. early analysis of surveillance data provided crude signals of ve that were consistent with other studies reporting decreased ve against omicron infection compared with delta and increased protection from booster doses compared with a primary series of covid 19 vaccination alone††† (10). ongoing analyses will help monitor the impact of the omicron variant and other emerging variants on ve against covid 19 cases and associated deaths; rates by vaccination status will be updated monthly on cdc’s covid data tracker website (3). all eligible persons should stay up to date with primary series, additional, and booster doses of covid 19 vaccine. top arthur presnetsov, adam schiller, vaccine task force, cdc covid 19 emergency response team. top corresponding author: heather m. scobie, vih8@cdc.gov. top 1epidemiology task force, covid 19 emergency response team, cdc; 2rhode island department of health; 3public health   seattle & king county, seattle, washington; 4district of columbia department of health; 5utah department of health; 6new jersey department of health; 7michigan department of health and human services; 8new york city department of health and mental hygiene, new york; 9arkansas department of health; 10massachusetts department of public health; 11colorado department of public health and environment; 12alabama department of public health; 13new mexico department of health; 14new york state department of health; 15georgia department of public health; 16florida department of health; 17vaccine task force, covid 19 response team, cdc; 18louisiana department of health; 19minnesota department of health; 20center for surveillance, epidemiology, and laboratory services, cdc; 21nebraska department of health and human services; 22wisconsin department of health services; 23idaho department of health and welfare; 24texas department of state health services; 25tennessee department of health; 26data analytics and visualization task force, cdc covid 19 emergency response team; 27kansas department of health and environment; 28indiana department of health. top all authors have completed and submitted the international committee of medical journal editors form for disclosure of potential conflicts of interest. leah eisenstein reports ownership of 100 shares of pfizer stock. no other potential conflicts of interest were disclosed. top * these authors contributed equally to this report. † a covid 19 case in a fully vaccinated person occurred when sars cov 2 rna or antigen was detected in a respiratory specimen collected ≥14 days after completing the primary series of a covid 19 vaccine with food and drug administration (fda) approval or emergency use authorization. the covid 19 case definition, including criteria to distinguish a new case from an existing case, is per the july 2021 update to the national standardized surveillance case definition and national notification for 2019 novel coronavirus disease (covid 19) (21 id 01) (https://ndc.services.cdc.gov/case definitions/coronavirus disease 2019 2021/). fully vaccinated persons were those with a completed primary series of 2 doses of the pfizer biontech or moderna mrna vaccine or a single dose of the janssen vaccine (https://www.cdc.gov/coronavirus/2019 ncov/vaccines/stay up to date.html). a covid 19 case in an unvaccinated person occurred when the person did not receive any fda authorized covid 19 vaccine doses before the specimen collection date. cases were excluded in partially vaccinated persons who received at least one fda authorized or approved vaccine dose but did not complete a primary series ≥14 days before collection of a respiratory specimen with sars cov 2 rna or antigen detected. ascertaining vaccination status for covid 19 patients through active linkage of case surveillance and immunization information systems typically assumes that cases among persons who are unmatched to the registry are unvaccinated. this analysis represents the combined impact of the pfizer biontech, moderna, and janssen covid 19 vaccines, which had different clinical efficacies against confirmed infection. information on different fda authorized and approved covid 19 vaccine products, including clinical efficacy, is available online. https://www.cdc.gov/coronavirus/2019 ncov/vaccines/different vaccines.html § on august 13, 2021, cdc recommended an additional pfizer biontech or moderna primary series dose for persons moderately or severely immunocompromised (https://www.cdc.gov/media/releases/2021/s0813 additional mrna mrna dose.html). on september 24, 2021, cdc recommended a pfizer biontech booster dose for certain pfizer biontech primary series recipients, including all adults aged ≥65 years and persons aged ≥18 years in certain populations and high risk occupational and institutional settings (https://www.cdc.gov/media/releases/2021/p0924 booster recommendations .html). on october 21, 2021, cdc recommended a booster dose for adults aged ≥18 years who had received the janssen vaccine and for pfizer biontech or moderna primary series vaccine recipients, including all adults aged ≥65 years and persons aged ≥18 years in certain populations and high risk occupational and institutional settings (https://www.cdc.gov/media/releases/2021/p1021 covid booster.html). on november 19, 2021, and november 29, 2021, cdc expanded recommendations for booster doses to include all adults aged ≥18 years (https://www.cdc.gov/media/releases/2021/s1119 booster shots.html, https://www.cdc.gov/media/releases/2021/s1129 booster recommendations.html). ¶ a covid 19 case in a fully vaccinated person with a booster dose occurred when a person had sars cov 2 rna or antigen detected on a respiratory specimen collected ≥14 days after receipt of at least 1 additional or booster dose of any covid 19 vaccine on or after august 13, 2021 (this definition does not distinguish between vaccine recipients who are immunocompromised and are receiving an additional dose versus those who are not immunocompromised and receiving a booster dose). ** a covid 19 associated death occurred in a person with a documented covid 19 diagnosis who died, and whose report local health authorities reviewed (e.g., using vital records, public health investigation, or other data sources) to make that determination. per national guidance, this group should include persons whose death certificate lists covid 19 disease or sars cov 2 as an underlying cause of death or as a significant condition contributing to death (https://cdn.ymaws.com/www.cste.org/resource/resmgr/pdfs/pdfs2/20211222_interim guidance.pdf). rates of covid 19 deaths by vaccination status are reported based on when the patient was tested for covid 19, not the date the patient died. †† national weighted estimates of the proportions of infections attributed to sars cov 2 variants by week are based on analyses of whole genome sequencing results submitted to or performed by cdc (https://covid.cdc.gov/covid data tracker/#variant proportions). analysis periods were categorized as april 4 may 29, 2021 (pre delta: 0.1% 7% proportion range), may 30 july 3, 2021 (delta emergence: 14% 69%), july 4 november 27, 2021 (delta predominance: 81% 99%), and november 28 december 25, 2021, (omicron emergence: 1% 72%). other lineages in the analysis period before the delta transition included alpha (>50%), gamma, epsilon, iota, mu, and other lineages. §§ https://www.census.gov/programs surveys/popest/data/tables.2019.html ¶¶ https://www.cdc.gov/nchs/data/statnt/statnt20.pdf *** 45 c.f.r. part 46.102(l)(2), 21 c.f.r. part 56; 42 u.s.c. sect.241(d); 5 u.s.c.0 sect.552a; 44 u.s.c. sect. 3501 et seq. ††† https://www.medrxiv.org/content/10.1101/2022.01.07.22268919v1.full; https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4011905 top top abbreviations: fda = food and drug administration; irr = incidence rate ratio; nc = not calculated for the single reported week of deaths in december 2021. * events per 100,000 population. average weekly incidences and rate ratios are provided by age group, primary series vaccine type, and overall; overall and vaccine specific rates were standardized by age, according to the enumerated 2000 u.s. census age distribution. irrs were calculated by dividing incidence among unvaccinated persons by incidence among fully vaccinated persons overall. † a covid 19 case in a fully vaccinated person occurred when sars cov 2 rna or antigen was detected in a respiratory specimen collected ≥14 days after completing the primary series of a covid 19 vaccine with fda approval or emergency use authorization. a covid 19 case in an unvaccinated person occurred when the person did not receive any fda authorized covid 19 vaccine doses before the specimen collection date. excluded were partially vaccinated persons who had received at least one fda authorized or approved vaccine dose but did not complete a primary series ≥14 days before collection of a specimen with sars cov 2 rna or antigen detected. this analysis represents the combined impact of bnt162b2 (pfizer biontech), mrna 1273 (moderna), and ad.26.cov2.s (janssen [johnson & johnson]) covid 19 vaccines, which had different clinical efficacies against confirmed infection; fully vaccinated persons also include those persons who received additional primary doses and booster doses starting in mid august. a covid 19 associated death occurred in a person with a documented covid 19 diagnosis who died, and whose report local health authorities reviewed (e.g., using vital records, public health investigation, or other data sources) to make that determination. per national guidance, this should include persons whose death certificate lists covid 19 disease or sars cov 2 as an underlying cause of death or as a significant condition contributing to death. rates of covid 19 deaths by vaccination status are reported based on when the patient was tested for covid 19, not the date they died. § four analysis periods were designated based on the threshold week when the weighted proportions of lineages from whole genome sequencing results submitted to or performed by cdc: pre delta (april 4 may 29, 2021: 0.1% 7% proportion range), delta emergence (may 30 july 3, 2021: 14% 69%), delta predominance (july 4 november 27, 2021: 81% 99%), and omicron emergence (november 28 december 25, 2021: 1% 72%). ¶ alabama, arkansas, california, colorado, district of columbia, florida, georgia, idaho, indiana, kansas, louisiana, massachusetts, michigan, minnesota, nebraska, new jersey, new mexico, new york, new york city (new york), rhode island, seattle/king county (washington), tennessee, texas, utah, and wisconsin. ** 95% cis were calculated after detrending underlying linear changes in weekly incidence rates using piecewise linear regression. each ci represents the remaining variation in observed weekly incidence rates and resulting incidence rate ratios. the number of observations informing each ci reflects the number of weeks per period: april may (7), june (5), july november (21), and december (4). †† for deaths, a single week (november 28 december 4, 2021) of data was reported during the december 2021 period of omicron emergence, but the proportion of omicron variant during that first week was approximately 1%. top abbreviations: fda = food and drug administration; irr = incidence rate ratio; nc = not calculated for categories with counts <20; nr = not relevant for individual vaccine types because the comparison being made is to overall unvaccinated counts and age adjusted rates. * events per 100,000 population. † average weekly incidence rates and rate ratios are provided by age group, primary series vaccine type, and overall; overall and vaccine specific rates were standardized by age, according to the enumerated 2000 u.s. census age distribution. irrs were calculated by dividing incidence among unvaccinated persons by incidence among fully vaccinated persons (overall and by receipt of booster doses). § a covid 19 case in a fully vaccinated person occurred when sars cov 2 rna or antigen was detected in a respiratory specimen collected ≥14 days after completing the primary series of a covid 19 vaccine with fda approval or emergency use authorization. a covid 19 case in an unvaccinated person occurred when the person did not receive any fda authorized covid 19 vaccine doses before the specimen collection date. excluded were partially vaccinated persons who had received at least one fda authorized or approved vaccine dose but did not complete a primary series ≥14 days before collection of a specimen with sars cov 2 rna or antigen detected. this analysis represents the combined impact of bnt162b2 (pfizer biontech), mrna 1273 (moderna), and ad.26.cov2.s (janssen [johnson & johnson]) covid 19 vaccines, which had different clinical efficacies against confirmed infection; fully vaccinated persons also include those persons who received additional primary doses and booster doses starting in mid august. a covid 19 associated death occurred in a person with a documented covid 19 diagnosis who died, and whose report local health authorities reviewed (e.g., using vital records, public health investigation, or other data sources) to make that determination. per national guidance, this should include persons whose death certificate lists covid 19 disease or sars cov 2 as an underlying cause of death or as a significant condition contributing to death. rates of covid 19 deaths by vaccination status are reported based on when the patient was tested for covid 19, not the date they died. ¶ a covid 19 case in a fully vaccinated person with a booster dose occurred when a person had sars cov 2 rna or antigen detected on a respiratory specimen collected ≥14 days after receipt of at least one additional or booster dose of any covid 19 vaccine on or after august 13, 2021. on august 13, 2021, cdc recommended an additional pfizer biontech or moderna primary series dose for persons with moderately or severely immunocompromise. on september 24, 2021, cdc recommended a pfizer biontech booster dose for certain pfizer biontech primary series recipients, including all adults aged ≥65 years and persons aged ≥18 years in certain populations and high risk occupational and institutional settings. on october 21, 2021, cdc recommended a booster dose for adults aged ≥18 years who received the janssen vaccine and for pfizer biontech or moderna primary series recipients, including all adults aged ≥65 years and persons aged ≥18 years in certain populations and high risk occupational and institutional settings. on november 19, 2021, and november 29, 2021, cdc expanded recommendations for booster doses to include all adults aged ≥18 years. ** reporting is by primary series vaccine type rather than additional or booster dose vaccine type. the booster dose vaccine type may be different than the primary series vaccine type. for primary mrna vaccination series, the vaccine product of the second dose was used to determine primary series product type. if the janssen vaccine was either the first dose or the second dose, the series type was called janssen. the overall fully vaccinated group includes fda approved vaccinations of unknown vaccine type. †† analysis periods for this table were designated based on robust reporting of cases among persons with booster doses from october 2021 and the threshold week when the weighted proportions of lineages from whole genome sequencing results submitted to or performed by cdc: october 3 november 27, 2021 (delta predominance: 99%), and november 28 december 25, 2021 (omicron emergence: 1% 72%). §§ alabama, arkansas, california, colorado, district of columbia, florida, georgia, idaho, indiana, kansas, louisiana, massachusetts, michigan, minnesota, nebraska, new jersey, new mexico, new york, new york city (new york), rhode island, seattle/king county (washington), tennessee, texas, utah, and wisconsin. ¶¶ 95% cis were calculated after detrending underlying linear changes in weekly incidence rates using piecewise linear regression. each ci represents the remaining variation in observed weekly incidence rates and resulting incidence rate ratios. the number of observations informing each ci reflects the number of weeks per period: october november (7), and december (4). *** https://www.cdc.gov/nchs/data/statnt/statnt24.pdf top abbreviation: fda = food and drug administration. * a covid 19 case in a fully vaccinated person occurred when sars cov 2 rna or antigen was detected in a respiratory specimen collected ≥14 days after completing the primary series of a covid 19 vaccine with fda approval or emergency use authorization. a covid 19 case in an unvaccinated person occurred when the person did not receive any fda authorized covid 19 vaccine doses before the specimen collection date. excluded were partially vaccinated persons who had received at least one fda authorized or approved vaccine dose but did not complete a primary series ≥14 days before collection of a specimen with sars cov 2 rna or antigen detected. this analysis represents the combined impact of the bnt162b2 (pfizer biontech), mrna 1273 (moderna), and ad.26.cov2.s (janssen [johnson & johnson]) covid 19 vaccines, which had different clinical efficacies against confirmed infection. a covid 19 associated death occurred in a person with a documented covid 19 diagnosis who died, and whose report local health authorities reviewed (e.g., using vital records, public health investigation, or other data sources) to make that determination. per national guidance, this should include persons whose death certificate lists covid 19 disease or sars cov 2 as an underlying cause of death or as a significant condition contributing to death. rates of covid 19 deaths by vaccination status are reported based on when the patient was tested for covid 19, not the date they died. † a covid 19 case in a fully vaccinated person with a booster dose occurred when a person had sars cov 2 rna or antigen detected on a respiratory specimen collected ≥14 days after receipt of at least one additional or booster dose of any covid 19 vaccine on or after august 13, 2021. on august 13, 2021, cdc recommended an additional pfizer biontech or moderna primary series dose for persons with moderately or severely immunocompromise. on september 24, 2021, cdc recommended a pfizer biontech booster dose for certain pfizer biontech primary series recipients, including all adults aged ≥65 years and persons aged ≥18 years in certain populations and high risk occupational and institutional settings. on october 21, 2021, cdc recommended a booster dose for adults aged ≥18 years who received the janssen vaccine and for pfizer biontech or moderna primary series recipients, including all adults aged ≥65 years and persons aged ≥18 years in certain populations and high risk occupational and institutional settings. on november 19, 2021, and november 29, 2021, cdc expanded recommendations for booster doses to include all adults aged ≥18 years. § national weighted estimates of the proportions of infections attributed to sars cov 2 variants by week are based on whole genome sequencing results submitted to or performed by cdc (https://covid.cdc.gov/covid data tracker/#variant proportions). other lineages prior to the delta transition included alpha (>50%), gamma, epsilon, iota, mu, and other lineages. ¶ alabama, arkansas, california, colorado, district of columbia, florida, georgia, idaho, indiana, kansas, louisiana, massachusetts, michigan, minnesota, nebraska, new jersey, new mexico, new york, new york city (new york), rhode island, seattle/king county (washington), tennessee, texas, utah, and wisconsin. top suggested citation for this article: johnson ag, amin ab, ali ar, et al. covid 19 incidence and death rates among unvaccinated and fully vaccinated adults with and without booster doses during periods of delta and omicron variant emergence   25 u.s. jurisdictions, april 4 december 25, 2021. mmwr morb mortal wkly rep 2022;71:132 138. doi: http://dx.doi.org/10.15585/mmwr.mm7104e2. mmwr and morbidity and mortality weekly report are service marks of the u.s. department of health and human services. use of trade names and commercial sources is for identification only and does not imply endorsement by the u.s. department of health and human services. references to non cdc sites on the internet are provided as a service to mmwr readers and do not constitute or imply endorsement of these organizations or their programs by cdc or the u.s. department of health and human services. cdc is not responsible for the content of pages found at these sites. url addresses listed in mmwr were current as of the date of publication. all html versions of mmwr articles are generated from final proofs through an automated process. this conversion might result in character translation or format errors in the html version. users are referred to the electronic pdf version (https://www.cdc.gov/mmwr) and/or the original mmwr paper copy for printable versions of official text, figures, and tables. questions or messages regarding errors in formatting should be addressed to mmwrq@cdc.gov.

an official website of the united states government here's how you know official websites use .gov a .gov website belongs to an official government organization in the united states. secure .gov websites use https a lock ( lock locked padlock ) or https:// means you’ve safely connected to the .gov website. share sensitive information only on official, secure websites. title 52 voting and elections subtitle i voting rights chapter 101 generally sec. 10101. voting rights. 10102. interference with freedom of elections. §10101. voting rights (a) race, color, or previous condition not to affect right to vote; uniform standards for voting qualifications; errors or omissions from papers; literacy tests; agreements between attorney general and state or local authorities; definitions (1) all citizens of the united states who are otherwise qualified by law to vote at any election by the people in any state, territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any state or territory, or by or under its authority, to the contrary notwithstanding. (2) no person acting under color of law shall  (a) in determining whether any individual is qualified under state law or laws to vote in any election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by state officials to be qualified to vote; (b) deny the right of any individual to vote in any election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under state law to vote in such election; or (c) employ any literacy test as a qualification for voting in any election unless (i) such test is administered to each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title iii of the civil rights act of 1960 [52 u.s.c. 20701 et seq.]: provided, however, that the attorney general may enter into agreements with appropriate state or local authorities that preparation, conduct, and maintenance of such tests in accordance with the provisions of applicable state or local law, including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handicapped, meet the purposes of this subparagraph and constitute compliance therewith. (3) for purposes of this subsection  (a) the term "vote" shall have the same meaning as in subsection (e) of this section; (b) the phrase "literacy test" includes any test of the ability to read, write, understand, or interpret any matter. (b) intimidation, threats, or coercion no person, whether acting under color of law or otherwise, shall intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of president, vice president, presidential elector, member of the senate, or member of the house of representatives, delegates or commissioners from the territories or possessions, at any general, special, or primary election held solely or in part for the purpose of selecting or electing any such candidate. (c) preventive relief; injunction; rebuttable literacy presumption; liability of united states for costs; state as party defendant whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice which would deprive any other person of any right or privilege secured by subsection (a) or (b), the attorney general may institute for the united states, or in the name of the united states, a civil action or other proper proceeding for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order. if in any such proceeding literacy is a relevant fact there shall be a rebuttable presumption that any person who has not been adjudged an incompetent and who has completed the sixth grade in a public school in, or a private school accredited by, any state or territory, the district of columbia, or the commonwealth of puerto rico where instruction is carried on predominantly in the english language, possesses sufficient literacy, comprehension, and intelligence to vote in any election. in any proceeding hereunder the united states shall be liable for costs the same as a private person. whenever, in a proceeding instituted under this subsection any official of a state or subdivision thereof is alleged to have committed any act or practice constituting a deprivation of any right or privilege secured by subsection (a), the act or practice shall also be deemed that of the state and the state may be joined as a party defendant and, if, prior to the institution of such proceeding, such official has resigned or has been relieved of his office and no successor has assumed such office, the proceeding may be instituted against the state. (d) jurisdiction; exhaustion of other remedies the district courts of the united states shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided by law. (e) order qualifying person to vote; application; hearing; voting referees; transmittal of report and order; certificate of qualification; definitions in any proceeding instituted pursuant to subsection (c) in the event the court finds that any person has been deprived on account of race or color of any right or privilege secured by subsection (a), the court shall upon request of the attorney general and after each party has been given notice and the opportunity to be heard make a finding whether such deprivation was or is pursuant to a pattern or practice. if the court finds such pattern or practice, any person of such race or color resident within the affected area shall, for one year and thereafter until the court subsequently finds that such pattern or practice has ceased, be entitled, upon his application therefor, to an order declaring him qualified to vote, upon proof that at any election or elections (1) he is qualified under state law to vote, and (2) he has since such finding by the court been (a) deprived of or denied under color of law the opportunity to register to vote or otherwise to qualify to vote, or (b) found not qualified to vote by any person acting under color of law. such order shall be effective as to any election held within the longest period for which such applicant could have been registered or otherwise qualified under state law at which the applicant's qualifications would under state law entitle him to vote. notwithstanding any inconsistent provision of state law or the action of any state officer or court, an applicant so declared qualified to vote shall be permitted to vote in any such election. the attorney general shall cause to be transmitted certified copies of such order to the appropriate election officers. the refusal by any such officer with notice of such order to permit any person so declared qualified to vote to vote at an appropriate election shall constitute contempt of court. an application for an order pursuant to this subsection shall be heard within ten days, and the execution of any order disposing of such application shall not be stayed if the effect of such stay would be to delay the effectiveness of the order beyond the date of any election at which the applicant would otherwise be enabled to vote. upon receipt of such report, the court shall cause the attorney general to transmit a copy thereof to the state attorney general and to each party to such proceeding together with an order to show cause within ten days, or such shorter time as the court may fix, why an order of the court should not be entered in accordance with such report. upon the expiration of such period, such order shall be entered unless prior to that time there has been filed with the court and served upon all parties a statement of exceptions to such report. exceptions as to matters of fact shall be considered only if supported by a duly verified copy of a public record or by affidavit of persons having personal knowledge of such facts or by statements or matters contained in such report; those relating to matters of law shall be supported by an appropriate memorandum of law. the issues of fact and law raised by such exceptions shall be determined by the court or, if the due and speedy administration of justice requires, they may be referred to the voting referee to determine in accordance with procedures prescribed by the court. a hearing as to an issue of fact shall be held only in the event that the proof in support of the exception disclose the existence of a genuine issue of material fact. the applicant's literacy and understanding of other subjects shall be determined solely on the basis of answers included in the report of the voting referee. the court, or at its direction the voting referee, shall issue to each applicant so declared qualified a certificate identifying the holder thereof as a person so qualified. any voting referee appointed by the court pursuant to this subsection shall to the extent not inconsistent herewith have all the powers conferred upon a master by rule 53(c) of the federal rules of civil procedure. the compensation to be allowed to any persons appointed by the court pursuant to this subsection shall be fixed by the court and shall be payable by the united states. applications pursuant to this subsection shall be determined expeditiously. in the case of any application filed twenty or more days prior to an election which is undetermined by the time of such election, the court shall issue an order authorizing the applicant to vote provisionally: provided, however, that such applicant shall be qualified to vote under state law. in the case of an application filed within twenty days prior to an election, the court, in its discretion, may make such an order. in either case the order shall make appropriate provision for the impounding of the applicant's ballot pending determination of the application. the court may take any other action, and may authorize such referee or such other person as it may designate to take any other action, appropriate or necessary to carry out the provisions of this subsection and to enforce its decrees. this subsection shall in no way be construed as a limitation upon the existing powers of the court. when used in the subsection, the word "vote" includes all action necessary to make a vote effective including, but not limited to, registration or other action required by state law prerequisite to voting, casting a ballot, and having such ballot counted and included in the appropriate totals of votes cast with respect to candidates for public office and propositions for which votes are received in an election; the words "affected area" shall mean any subdivision of the state in which the laws of the state relating to voting are or have been to any extent administered by a person found in the proceeding to have violated subsection (a); and the words "qualified under state law" shall mean qualified according to the laws, customs, or usages of the state, and shall not, in any event, imply qualifications more stringent than those used by the persons found in the proceeding to have violated subsection (a) in qualifying persons other than those of the race or color against which the pattern or practice of discrimination was found to exist. (f) contempt; assignment of counsel; witnesses any person cited for an alleged contempt under this act shall be allowed to make his full defense by counsel learned in the law; and the court before which he is cited or tried, or some judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding two, as he may desire, who shall have free access to him at all reasonable hours. he shall be allowed, in his defense to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial or hearing, as is usually granted to compel witnesses to appear on behalf of the prosecution. if such person shall be found by the court to be financially unable to provide for such counsel, it shall be the duty of the court to provide such counsel. (g) three judge district court: hearing, determination, expedition of action, review by supreme court; single judge district court: hearing, determination, expedition of action in any proceeding instituted by the united states in any district court of the united states under this section in which the attorney general requests a finding of a pattern or practice of discrimination pursuant to subsection (e) of this section the attorney general, at the time he files the complaint, or any defendant in the proceeding, within twenty days after service upon him of the complaint, may file with the clerk of such court a request that a court of three judges be convened to hear and determine the entire case. a copy of the request for a three judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. upon receipt of the copy of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. an appeal from the final judgment of such court will lie to the supreme court. in any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the attorney general nor any defendant files a request for a three judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. in the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or, in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case. it shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. (r.s. §2004; pub. l. 85 315, pt. iv, §131, sept. 9, 1957, 71 stat. 637; pub. l. 86 449, title vi, §601, may 6, 1960, 74 stat. 90; pub. l. 88 352, title i, §101, july 2, 1964, 78 stat. 241; pub. l. 89 110, §15, aug. 6, 1965, 79 stat. 445.) references in text the civil rights act of 1960, referred to in subsec. (a)(2)(c), is pub. l. 86 449, may 6, 1960, 74 stat. 86. title iii of the civil rights act of 1960 is classified generally to chapter 207 (§20701 et seq.) of this title. for complete classification of this act to the code, see tables. rule 53(c) of the federal rules of civil procedure, referred to in subsec. (e), is set out in the appendix to title 28, judiciary and judicial procedure. this act, referred to in subsec. (f), is pub. l. 85 315, sept. 9, 1957, 71 stat. 634, which enacted sections 1975 to 1975e and 1995 of title 42, the public health and welfare, and section 295 1 of former title 5, executive departments and government officers and employees, amended this section and sections 1343 and 1861 of title 28, repealed section 1993 of title 42, and enacted provisions set out as a note under section 1975 of title 42. codification section was formerly classified to section 1971 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section, and to section 31 of title 8, aliens and nationality. r.s. §2004 derived from act may 31, 1870, ch. 114, §1, 16 stat. 140. in subsec. (e), "section 3331 of title 5" was substituted for "revised statutes, section 1757 (5 u.s.c. 16)" on authority of pub. l. 89 554, §7(b), sept. 6, 1966, 80 stat. 631, the first section of which enacted title 5, government organization and employees. amendments 1965 subsecs. (a), (c). pub. l. 89 110, §15(a), struck out "federal" before "election" wherever appearing. subsecs. (f) to (h). pub. l. 89 110, §15(b), redesignated subsecs. (g) and (h) as (f) and (g), respectively, and repealed former subsec. (f) which defined "federal elections". 1964 subsec. (a). pub. l. 88 352, §101(a), designated existing provisions as par. (1) and added pars. (2) and (3). subsec. (c). pub. l. 88 352, §101(b), provided for a rebuttable literacy presumption when a person has not been adjudged an incompetent and has completed the sixth grade of his schooling. subsecs. (f), (g). pub. l. 88 352, §101(c), added subsec. (f) and redesignated former subsec. (f) as (g). subsec. (h). pub. l. 88 352, §101(d), added subsec. (h). 1960 subsec. (c). pub. l. 86 449, §601(b), permitted the state to be joined as a party defendant in cases where officials of a state or subdivision thereof are alleged to have committed acts or practices constituting a deprivation of any rights or privileges secured by subsection (a) of this section, and authorized commencement of the proceeding against the state where an official has resigned or has been relieved of his office and no successor has assumed such office. subsecs. (e), (f). pub. l. 86 449, §601(a), added subsec. (e) and redesignated former subsec. (e) as (f). 1957 pub. l. 85 315, §131, substituted "voting rights" for "race, color, or previous condition not to affect right to vote" in section catchline, designated existing provisions as subsec. (a), and added subsecs. (b) to (e). short title of 2009 act pub. l. 111 84, div. a, title v, §575, oct. 28, 2009, 123 stat. 2318, provided that: "this subtitle [subtitle h (§§575 589) of title v of div. a of pub. l. 111 84, see tables for classification] may be cited as the 'military and overseas voter empowerment act'." short title of 2006 act pub. l. 109 246, §1, july 27, 2006, 120 stat. 577, as amended by pub. l. 110 258, §1, july 1, 2008, 122 stat. 2428, provided that: "this act [see tables for classification] may be cited as the 'fannie lou hamer, rosa parks, coretta scott king, césar e. chávez, barbara c. jordan, william c. velásquez, and dr. hector p. garcia voting rights act reauthorization and amendments act of 2006'." short title of 2002 act pub. l. 107 252, §1(a), oct. 29, 2002, 116 stat. 1666, provided that: "this act [see tables for classification] may be cited as the 'help america vote act of 2002'." pub. l. 107 155, §1(a), mar. 27, 2002, 116 stat. 81, provided that: "this act [see tables for classification] may be cited as the 'bipartisan campaign reform act of 2002'." short title of 1993 act pub. l. 103 31, §1, may 20, 1993, 107 stat. 77, provided that: "this act [see tables for classification] may be cited as the 'national voter registration act of 1993'." short title of 1992 act pub. l. 102 344, §1, aug. 26, 1992, 106 stat. 921, provided that: "this act [see tables for classification] may be cited as the 'voting rights language assistance act of 1992'." short title of 1986 act pub. l. 99 410, §1, aug. 28, 1986, 100 stat. 924, provided that: "this act [see tables for classification] may be cited as the 'uniformed and overseas citizens absentee voting act'." short title of 1984 act pub. l. 98 435, §1, sept. 28, 1984, 98 stat. 1678, provided that: "this act [see tables for classification] may be cited as the 'voting accessibility for the elderly and handicapped act'." short title of 1982 act pub. l. 97 205, §1, june 29, 1982, 96 stat. 131, provided: "that this act [see tables for classification] may be cited as the 'voting rights act amendments of 1982'." short title of 1980 act pub. l. 96 187, jan. 8, 1980, 93 stat. 1339, provided in part: "that this act [see tables for classification] may be cited as the 'federal election campaign act amendments of 1979'." short title of 1976 act pub. l. 94 283, §1, may 11, 1976, 90 stat. 475, provided that: "this act [see tables for classification] may be cited as the 'federal election campaign act amendments of 1976'." short title of 1975 act pub. l. 94 203, §1, jan. 2, 1976, 89 stat. 1142, which provided that pub. l. 94 203 (see tables for classification) was to be cited as "overseas citizens voting rights act of 1975", was repealed by pub. l. 99 410, title ii, §203, aug. 28, 1986, 100 stat. 930. short title of 1974 act pub. l. 93 443, oct. 15, 1974, 88 stat. 1263, provided in part: "that this act [see tables for classification] may be cited as the 'federal election campaign act amendments of 1974'." short title of 1972 act pub. l. 92 225, feb. 7, 1972, 86 stat. 3, provided in part: "that this act [see tables for classification] may be cited as the 'federal election campaign act of 1971'." short title of 1970 act pub. l. 91 285, §1, june 22, 1970, 84 stat. 314, provided: "that this act [see tables for classification] may be cited as the 'voting rights act amendments of 1970'." short title of 1965 act pub. l. 89 110, §1, aug. 6, 1965, 79 stat. 437, provided that: "this act [see tables for classification] shall be known as the 'voting rights act of 1965'." short title of 1960 act pub. l. 86 449, §1, may 6, 1960, 74 stat. 86, provided that: "this act [see tables for classification] may be cited as the 'civil rights act of 1960'." short title of 1957 act pub. l. 85 315, pt. v, §161, sept. 9, 1957, 71 stat. 638, provided that: "this act [see tables for classification] may be cited as the 'civil rights act of 1957'." short title of 1955 act act aug. 9, 1955, ch. 656, §1, 69 stat. 584, which provided that such act (see tables for classification) was to be cited as "the federal voting assistance act of 1955", was repealed by pub. l. 99 410, title ii, §203, aug. 28, 1986, 100 stat. 930. separability pub. l. 86 449, title vii, §701, may 6, 1960, 74 stat. 92, provided that: "if any provisions of this act [see short title of 1960 act note above] is held invalid, the remainder of this act shall not be affected thereby." voter registration drives pub. l. 98 473, title i, §101(j), oct. 12, 1984, 98 stat. 1963, provided that: "it is the sense of the congress that  "(1) voter registration drives should be encouraged by governmental entities at all levels; and "(2) voter registration drives conducted by state governments on a nonpartisan basis do not violate the provisions of the intergovernmental personnel act (42 u.s.c. 4728, 4763)." §10102. interference with freedom of elections no officer of the army, navy, or air force of the united states shall prescribe or fix, or attempt to prescribe or fix, by proclamation, order, or otherwise, the qualifications of voters in any state, or in any manner interfere with the freedom of any election in any state, or with the exercise of the free right of suffrage in any state. (r.s. §2003.) codification section was formerly classified to section 1972 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section, and to section 32 of title 8, aliens and nationality. r.s. §2003 derived from act feb. 25, 1865, ch. 52, §1, 13 stat. 437. air force inserted to conform to act july 26, 1947, ch. 343, title ii, §207(a), (f), 61 stat. 502, which established a separate department of the air force, and secretary of defense transfer order no. 40 [app. a(10)], july 22, 1949, which transferred certain functions to the air force. section 207(a), (f) of act july 26, 1947, was repealed by act aug. 10, 1956, ch. 1041, §53, 70a stat. 641. act aug. 10, 1956, ch. 1041, 70a stat. 1, enacted "title 10, armed forces", which in sections 8010 to 8013 continued department of the air force under administrative supervision of secretary of the air force. chapter 103 enforcement of voting rights sec. 10301. denial or abridgement of right to vote on account of race or color through voting qualifications or prerequisites; establishment of violation. 10302. proceeding to enforce the right to vote. 10303. suspension of the use of tests or devices in determining eligibility to vote. 10304. alteration of voting qualifications; procedure and appeal; purpose or effect of diminishing the ability of citizens to elect their preferred candidates. 10305. use of observers. 10306. poll taxes. 10307. prohibited acts. 10308. civil and criminal sanctions. 10309. termination of assignment of observers. 10310. enforcement proceedings. 10311. impairment of voting rights of persons holding current registration. 10312. authorization of appropriations. 10313. separability. 10314. construction. §10301. denial or abridgement of right to vote on account of race or color through voting qualifications or prerequisites; establishment of violation (a) no voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any state or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the united states to vote on account of race or color, or in contravention of the guarantees set forth in section 10303(f)(2) of this title, as provided in subsection (b). (b) a violation of subsection (a) is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the state or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. the extent to which members of a protected class have been elected to office in the state or political subdivision is one circumstance which may be considered: provided, that nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population. (pub. l. 89 110, title i, §2, aug. 6, 1965, 79 stat. 437; renumbered title i, pub. l. 91 285, §2, june 22, 1970, 84 stat. 314; amended pub. l. 94 73, title ii, §206, aug. 6, 1975, 89 stat. 402; pub. l. 97 205, §3, june 29, 1982, 96 stat. 134.) codification section was formerly classified to section 1973 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. amendments 1982 pub. l. 97 205 redesignated existing provisions as subsec. (a), struck out the comma after "voting", substituted "in a manner which results in a denial or abridgement of" for "to deny or abridge", inserted ", as provided in subsection (b)" after "in contravention of the guarantees set forth in section 1973b(f)(2) of this title", and added subsec. (b). 1975 pub. l. 94 73 substituted "race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title" for "race or color". effective date of 1982 amendment pub. l. 97 205, §6, june 29, 1982, 96 stat. 135, provided that: "except as otherwise provided in this act [see tables for classification], the amendments made by this act shall take effect on the date of the enactment of this act [june 29, 1982]." congressional purpose and findings pub. l. 109 246, §2, july 27, 2006, 120 stat. 577, provided that: "(a) purpose. the purpose of this act [see tables for classification] is to ensure that the right of all citizens to vote, including the right to register to vote and cast meaningful votes, is preserved and protected as guaranteed by the constitution. "(b) findings. the congress finds the following: "(1) significant progress has been made in eliminating first generation barriers experienced by minority voters, including increased numbers of registered minority voters, minority voter turnout, and minority representation in congress, state legislatures, and local elected offices. this progress is the direct result of the voting rights act of 1965 [this chapter and chapters 105 and 107 of this title]. "(2) however, vestiges of discrimination in voting continue to exist as demonstrated by second generation barriers constructed to prevent minority voters from fully participating in the electoral process. "(3) the continued evidence of racially polarized voting in each of the jurisdictions covered by the expiring provisions of the voting rights act of 1965 demonstrates that racial and language minorities remain politically vulnerable, warranting the continued protection of the voting rights act of 1965. "(4) evidence of continued discrimination includes  "(a) the hundreds of objections interposed, requests for more information submitted followed by voting changes withdrawn from consideration by jurisdictions covered by the voting rights act of 1965, and section 5 [52 u.s.c. 10304] enforcement actions undertaken by the department of justice in covered jurisdictions since 1982 that prevented election practices, such as annexation, at large voting, and the use of multi member districts, from being enacted to dilute minority voting strength; "(b) the number of requests for declaratory judgments denied by the united states district court for the district of columbia; "(c) the continued filing of section 2 [52 u.s.c. 10301] cases that originated in covered jurisdictions; and "(d) the litigation pursued by the department of justice since 1982 to enforce sections 4(e), 4(f)(4), and 203 of such act [52 u.s.c. 10303(e), (f)(4), 10503] to ensure that all language minority citizens have full access to the political process. "(5) the evidence clearly shows the continued need for federal oversight in jurisdictions covered by the voting rights act of 1965 since 1982, as demonstrated in the counties certified by the attorney general for federal examiner and observer coverage and the tens of thousands of federal observers that have been dispatched to observe elections in covered jurisdictions. "(6) the effectiveness of the voting rights act of 1965 has been significantly weakened by the united states supreme court decisions in reno v. bossier parish ii and georgia v. ashcroft, which have misconstrued congress' original intent in enacting the voting rights act of 1965 and narrowed the protections afforded by section 5 of such act [52 u.s.c. 10304]. "(7) despite the progress made by minorities under the voting rights act of 1965, the evidence before congress reveals that 40 years has not been a sufficient amount of time to eliminate the vestiges of discrimination following nearly 100 years of disregard for the dictates of the 15th amendment and to ensure that the right of all citizens to vote is protected as guaranteed by the constitution. "(8) present day discrimination experienced by racial and language minority voters is contained in evidence, including the objections interposed by the department of justice in covered jurisdictions; the section 2 [52 u.s.c. 10301] litigation filed to prevent dilutive techniques from adversely affecting minority voters; the enforcement actions filed to protect language minorities; and the tens of thousands of federal observers dispatched to monitor polls in jurisdictions covered by the voting rights act of 1965. "(9) the record compiled by congress demonstrates that, without the continuation of the voting rights act of 1965 protections, racial and language minority citizens will be deprived of the opportunity to exercise their right to vote, or will have their votes diluted, undermining the significant gains made by minorities in the last 40 years." separability pub. l. 94 73, title ii, §208, aug. 6, 1975, 89 stat. 402, provided that: "if any amendments made by this act [see tables for classification] or the application of any provision thereof to any person or circumstance is judicially determined to be invalid, the remainder of the voting rights act of 1965 [this chapter and chapters 105 and 107 of this title], or the application of such provision to other persons or circumstances shall not be affected by such determination." §10302. proceeding to enforce the right to vote (a) authorization by court for appointment of federal observers whenever the attorney general or an aggrieved person institutes a proceeding under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment in any state or political subdivision the court shall authorize the appointment of federal observers by the director of the office of personnel management in accordance with section 1973d 1 of title 42 to serve for such period of time and for such political subdivisions as the court shall determine is appropriate to enforce the voting guarantees of the fourteenth or fifteenth amendment (1) as part of any interlocutory order if the court determines that the appointment of such observers is necessary to enforce such voting guarantees or (2) as part of any final judgment if the court finds that violations of the fourteenth or fifteenth amendment justifying equitable relief have occurred in such state or subdivision: provided, that the court need not authorize the appointment of observers if any incidents of denial or abridgement of the right to vote on account of race or color, or in contravention of the voting guarantees set forth in section 10303(f)(2) of this title (1) have been few in number and have been promptly and effectively corrected by state or local action, (2) the continuing effect of such incidents has been eliminated, and (3) there is no reasonable probability of their recurrence in the future. (b) suspension of use of tests and devices which deny or abridge the right to vote if in a proceeding instituted by the attorney general or an aggrieved person under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment in any state or political subdivision the court finds that a test or device has been used for the purpose or with the effect of denying or abridging the right of any citizen of the united states to vote on account of race or color, or in contravention of the voting guarantees set forth in section 10303(f)(2) of this title, it shall suspend the use of tests and devices in such state or political subdivisions as the court shall determine is appropriate and for such period as it deems necessary. (c) retention of jurisdiction to prevent commencement of new devices to deny or abridge the right to vote if in any proceeding instituted by the attorney general or an aggrieved person under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment in any state or political subdivision the court finds that violations of the fourteenth or fifteenth amendment justifying equitable relief have occurred within the territory of such state or political subdivision, the court, in addition to such relief as it may grant, shall retain jurisdiction for such period as it may deem appropriate and during such period no voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting different from that in force or effect at the time the proceeding was commenced shall be enforced unless and until the court finds that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color, or in contravention of the voting guarantees set forth in section 10303(f)(2) of this title: provided, that such qualification, prerequisite, standard, practice, or procedure may be enforced if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such state or subdivision to the attorney general and the attorney general has not interposed an objection within sixty days after such submission, except that neither the court's finding nor the attorney general's failure to object shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. (pub. l. 89 110, title i, §3, aug. 6, 1965, 79 stat. 437; renumbered title i, pub. l. 91 285, §2, june 22, 1970, 84 stat. 314; amended pub. l. 94 73, title ii, §§205, 206, title iv, §§401, 410, aug. 6, 1975, 89 stat. 402, 404, 406; 1978 reorg. plan no. 2, §102, eff. jan. 1, 1979, 43 f.r. 36037, 92 stat. 3783; pub. l. 109 246, §3(d)(1), july 27, 2006, 120 stat. 580.) references in text section 1973d of title 42, referred to in subsec. (a), was repealed by pub. l. 109 246, §3(c), july 27, 2006, 120 stat. 580. codification section was formerly classified to section 1973a 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. amendments 2006 subsec. (a). pub. l. 109 246 substituted "observers" for "examiners" wherever appearing. 1975 subsec. (a). pub. l. 94 73 inserted reference to fourteenth amendment in three places, and substituted "voting guarantees" for "guarantees" in three places, "attorney general or an aggrieved person" for "attorney general", and "on account of race or color or in contravention of the voting guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color". subsec. (b). pub. l. 94 73 substituted "attorney general or an aggrieved person under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment" for "attorney general under any statute to enforce the guarantees of the fifteenth amendment", and "on account of race or color, or in contravention of the voting guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color". subsec. (c). pub. l. 94 73 substituted "attorney general or an aggrieved person under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment in any state or political subdivision the court finds that violations of the fourteenth or fifteenth amendment" for "attorney general under any statute to enforce the guarantees of the fifteenth amendment in any state or political subdivision the court finds that violations of the fifteenth amendment" and "on account of race or color, or in contravention of the voting guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color". transfer of functions "director of the office of personnel management" substituted for "united states civil service commission" in subsec. (a) pursuant to reorg. plan no. 2 of 1978, §102, 43 f.r. 36037, 92 stat. 3783, set out under section 1101 of title 5, government organization and employees, which transferred all functions vested by statute in united states civil service commission to director of office of personnel management (except as otherwise specified), effective jan. 1, 1979, as provided by section 1 102 of ex. ord. no. 12107, dec. 28, 1978, 44 f.r. 1055, set out under section 1101 of title 5. 1 see references in text note below. §10303. suspension of the use of tests or devices in determining eligibility to vote (a) action by state or political subdivision for declaratory judgment of no denial or abridgement; three judge district court; appeal to supreme court; retention of jurisdiction by three judge court (1) to assure that the right of citizens of the united states to vote is not denied or abridged on account of race or color, no citizen shall be denied the right to vote in any federal, state, or local election because of his failure to comply with any test or device in any state with respect to which the determinations have been made under the first two sentences of subsection (b) or in any political subdivision of such state (as such subdivision existed on the date such determinations were made with respect to such state), though such determinations were not made with respect to such subdivision as a separate unit, or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the united states district court for the district of columbia issues a declaratory judgment under this section. no citizen shall be denied the right to vote in any federal, state, or local election because of his failure to comply with any test or device in any state with respect to which the determinations have been made under the third sentence of subsection (b) of this section or in any political subdivision of such state (as such subdivision existed on the date such determinations were made with respect to such state), though such determinations were not made with respect to such subdivision as a separate unit, or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the united states district court for the district of columbia issues a declaratory judgment under this section. a declaratory judgment under this section shall issue only if such court determines that during the ten years preceding the filing of the action, and during the pendency of such action  (a) no such test or device has been used within such state or political subdivision for the purpose or with the effect of denying or abridging the right to vote on account of race or color or (in the case of a state or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2); (b) no final judgment of any court of the united states, other than the denial of declaratory judgment under this section, has determined that denials or abridgements of the right to vote on account of race or color have occurred anywhere in the territory of such state or political subdivision or (in the case of a state or subdivision seeking a declaratory judgment under the second sentence of this subsection) that denials or abridgements of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such state or subdivision and no consent decree, settlement, or agreement has been entered into resulting in any abandonment of a voting practice challenged on such grounds; and no declaratory judgment under this section shall be entered during the pendency of an action commenced before the filing of an action under this section and alleging such denials or abridgements of the right to vote; (c) no federal examiners or observers under chapters 103 to 107 of this title have been assigned to such state or political subdivision; (d) such state or political subdivision and all governmental units within its territory have complied with section 10304 of this title, including compliance with the requirement that no change covered by section 10304 of this title has been enforced without preclearance under section 10304 of this title, and have repealed all changes covered by section 10304 of this title to which the attorney general has successfully objected or as to which the united states district court for the district of columbia has denied a declaratory judgment; (e) the attorney general has not interposed any objection (that has not been overturned by a final judgment of a court) and no declaratory judgment has been denied under section 10304 of this title, with respect to any submission by or on behalf of the plaintiff or any governmental unit within its territory under section 10304 of this title, and no such submissions or declaratory judgment actions are pending; and (f) such state or political subdivision and all governmental units within its territory  (i) have eliminated voting procedures and methods of election which inhibit or dilute equal access to the electoral process; (ii) have engaged in constructive efforts to eliminate intimidation and harassment of persons exercising rights protected under chapters 103 to 107 of this title; and (iii) have engaged in other constructive efforts, such as expanded opportunity for convenient registration and voting for every person of voting age and the appointment of minority persons as election officials throughout the jurisdiction and at all stages of the election and registration process. (2) to assist the court in determining whether to issue a declaratory judgment under this subsection, the plaintiff shall present evidence of minority participation, including evidence of the levels of minority group registration and voting, changes in such levels over time, and disparities between minority group and non minority group participation. (3) no declaratory judgment shall issue under this subsection with respect to such state or political subdivision if such plaintiff and governmental units within its territory have, during the period beginning ten years before the date the judgment is issued, engaged in violations of any provision of the constitution or laws of the united states or any state or political subdivision with respect to discrimination in voting on account of race or color or (in the case of a state or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2) unless the plaintiff establishes that any such violations were trivial, were promptly corrected, and were not repeated. (4) the state or political subdivision bringing such action shall publicize the intended commencement and any proposed settlement of such action in the media serving such state or political subdivision and in appropriate united states post offices. any aggrieved party may as of right intervene at any stage in such action. (5) an action pursuant to this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall lie to the supreme court. the court shall retain jurisdiction of any action pursuant to this subsection for ten years after judgment and shall reopen the action upon motion of the attorney general or any aggrieved person alleging that conduct has occurred which, had that conduct occurred during the ten year periods referred to in this subsection, would have precluded the issuance of a declaratory judgment under this subsection. the court, upon such reopening, shall vacate the declaratory judgment issued under this section if, after the issuance of such declaratory judgment, a final judgment against the state or subdivision with respect to which such declaratory judgment was issued, or against any governmental unit within that state or subdivision, determines that denials or abridgements of the right to vote on account of race or color have occurred anywhere in the territory of such state or political subdivision or (in the case of a state or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgements of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such state or subdivision, or if, after the issuance of such declaratory judgment, a consent decree, settlement, or agreement has been entered into resulting in any abandonment of a voting practice challenged on such grounds. (6) if, after two years from the date of the filing of a declaratory judgment under this subsection, no date has been set for a hearing in such action, and that delay has not been the result of an avoidable delay on the part of counsel for any party, the chief judge of the united states district court for the district of columbia may request the judicial council for the circuit of the district of columbia to provide the necessary judicial resources to expedite any action filed under this section. if such resources are unavailable within the circuit, the chief judge shall file a certificate of necessity in accordance with section 292(d) of title 28. (7) the congress shall reconsider the provisions of this section at the end of the fifteen year period following the effective date of the amendments made by the fannie lou hamer, rosa parks, coretta scott king, césar e. chávez, barbara c. jordan, william c. velásquez, and dr. hector p. garcia voting rights act reauthorization and amendments act of 2006. (8) the provisions of this section shall expire at the end of the twenty five year period following the effective date of the amendments made by the fannie lou hamer, rosa parks, coretta scott king, césar e. chávez, barbara c. jordan, william c. velásquez, and dr. hector p. garcia voting rights act reauthorization and amendments act of 2006. (9) nothing in this section shall prohibit the attorney general from consenting to an entry of judgment if based upon a showing of objective and compelling evidence by the plaintiff, and upon investigation, he is satisfied that the state or political subdivision has complied with the requirements of subsection (a)(1). any aggrieved party may as of right intervene at any stage in such action. (b) required factual determinations necessary to allow suspension of compliance with tests and devices; publication in federal register the provisions of subsection (a) shall apply in any state or in any political subdivision of a state which (1) the attorney general determines maintained on november 1, 1964, any test or device, and with respect to which (2) the director of the census determines that less than 50 per centum of the persons of voting age residing therein were registered on november 1, 1964, or that less than 50 per centum of such persons voted in the presidential election of november 1964. on and after august 6, 1970, in addition to any state or political subdivision of a state determined to be subject to subsection (a) pursuant to the previous sentence, the provisions of subsection (a) shall apply in any state or any political subdivision of a state which (i) the attorney general determines maintained on november 1, 1968, any test or device, and with respect to which (ii) the director of the census determines that less than 50 per centum of the persons of voting age residing therein were registered on november 1, 1968, or that less than 50 per centum of such persons voted in the presidential election of november 1968. on and after august 6, 1975, in addition to any state or political subdivision of a state determined to be subject to subsection (a) pursuant to the previous two sentences, the provisions of subsection (a) shall apply in any state or any political subdivision of a state which (i) the attorney general determines maintained on november 1, 1972, any test or device, and with respect to which (ii) the director of the census determines that less than 50 per centum of the citizens of voting age were registered on november 1, 1972, or that less than 50 per centum of such persons voted in the presidential election of november 1972. a determination or certification of the attorney general or of the director of the census under this section or under section 10305 or 10309 of this title shall not be reviewable in any court and shall be effective upon publication in the federal register. (c) "test or device" defined the phrase "test or device" shall mean any requirement that a person as a prerequisite for voting or registration for voting (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) demonstrate any educational achievement or his knowledge of any particular subject, (3) possess good moral character, or (4) prove his qualifications by the voucher of registered voters or members of any other class. (d) required frequency, continuation and probable recurrence of incidents of denial or abridgement to constitute forbidden use of tests or devices for purposes of this section no state or political subdivision shall be determined to have engaged in the use of tests or devices for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) if (1) incidents of such use have been few in number and have been promptly and effectively corrected by state or local action, (2) the continuing effect of such incidents has been eliminated, and (3) there is no reasonable probability of their recurrence in the future. (e) completion of requisite grade level of education in american flag schools in which the predominant classroom language was other than english (1) congress hereby declares that to secure the rights under the fourteenth amendment of persons educated in american flag schools in which the predominant classroom language was other than english, it is necessary to prohibit the states from conditioning the right to vote of such persons on ability to read, write, understand, or interpret any matter in the english language. (2) no person who demonstrates that he has successfully completed the sixth primary grade in a public school in, or a private school accredited by, any state or territory, the district of columbia, or the commonwealth of puerto rico in which the predominant classroom language was other than english, shall be denied the right to vote in any federal, state, or local election because of his inability to read, write, understand, or interpret any matter in the english language, except that in states in which state law provides that a different level of education is presumptive of literacy, he shall demonstrate that he has successfully completed an equivalent level of education in a public school in, or a private school accredited by, any state or territory, the district of columbia, or the commonwealth of puerto rico in which the predominant classroom language was other than english. (f) congressional findings of voting discrimination against language minorities; prohibition of english only elections; other remedial measures (1) the congress finds that voting discrimination against citizens of language minorities is pervasive and national in scope. such minority citizens are from environments in which the dominant language is other than english. in addition they have been denied equal educational opportunities by state and local governments, resulting in severe disabilities and continuing illiteracy in the english language. the congress further finds that, where state and local officials conduct elections only in english, language minority citizens are excluded from participating in the electoral process. in many areas of the country, this exclusion is aggravated by acts of physical, economic, and political intimidation. the congress declares that, in order to enforce the guarantees of the fourteenth and fifteenth amendments to the united states constitution, it is necessary to eliminate such discrimination by prohibiting english only elections, and by prescribing other remedial devices. (2) no voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any state or political subdivision to deny or abridge the right of any citizen of the united states to vote because he is a member of a language minority group. (3) in addition to the meaning given the term under subsection (c), the term "test or device" shall also mean any practice or requirement by which any state or political subdivision provided any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, only in the english language, where the director of the census determines that more than five per centum of the citizens of voting age residing in such state or political subdivision are members of a single language minority. with respect to subsection (b), the term "test or device", as defined in this subsection, shall be employed only in making the determinations under the third sentence of that subsection. (4) whenever any state or political subdivision subject to the prohibitions of the second sentence of subsection (a) provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable language minority group as well as in the english language: provided, that where the language of the applicable minority group is oral or unwritten or in the case of alaskan natives and american indians, if the predominate language is historically unwritten, the state or political subdivision is only required to furnish oral instructions, assistance, or other information relating to registration and voting. (pub. l. 89 110, title i, §4, aug. 6, 1965, 79 stat. 438; renumbered title i and amended pub. l. 91 285, §§2 4, june 22, 1970, 84 stat. 314, 315; pub. l. 94 73, title i, §101, title ii, §§201 203, 206, aug. 6, 1975, 89 stat. 400 402; pub. l. 97 205, §2(a) (c), june 29, 1982, 96 stat. 131 133; pub. l. 109 246, §§3(d)(2), (e)(1), 4, july 27, 2006, 120 stat. 580; pub. l. 110 258, §2, july 1, 2008, 122 stat. 2428.) references in text the effective date of the amendments made by the fannie lou hamer, rosa parks, coretta scott king, césar e. chávez, barbara c. jordan, william c. velásquez, and dr. hector p. garcia voting rights act reauthorization and amendments act of 2006, referred to in subsec. (a)(7), (8), is the date of enactment of pub. l. 109 246, which was approved july 27, 2006. see section 10314 of this title. codification section was formerly classified to section 1973b 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. constitutionality for information regarding constitutionality of certain provisions of section 4 of pub. l. 89 110, see congressional research service, the constitution of the united states of america: analysis and interpretation, appendix 1, acts of congress held unconstitutional in whole or in part by the supreme court of the united states. amendments 2008 subsec. (a)(7), (8). pub. l. 110 258 substituted "coretta scott king, césar e. chávez, barbara c. jordan, william c. velásquez, and dr. hector p. garcia" for "and coretta scott king". 2006 subsec. (a)(1)(c). pub. l. 109 246, §3(d)(2), inserted "or observers" after "examiners". subsec. (a)(7), (8). pub. l. 109 246, §4, substituted "fannie lou hamer, rosa parks, and coretta scott king voting rights act reauthorization and amendments act of 2006" for "voting rights act amendments of 1982". subsec. (b). pub. l. 109 246, §3(e)(1), substituted "section 1973f" for "section 1973d". 1982 subsec. (a). pub. l. 97 205, §2(a), (b), substituted "nineteen years" for "seventeen years" in three places, effective june 29, 1982, and, effective on and after aug. 5, 1985, completely revised subsec. (a). prior to such revision, subsec. (a) consisted of 4 undesignated paragraphs reading as follows: "to assure that the right of citizens of the united states to vote is not denied or abridged on account of race or color, no citizen shall be denied the right to vote in any federal, state, or local election because of his failure to comply with any test or device in any state with respect to which the determinations have been made under the first two sentences of subsection (b) of this section or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the united states district court for the district of columbia in an action for a declaratory judgment brought by such state or subdivision against the united states has determined that no such test or device has been used during the seventeen years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color: provided, that no such declaratory judgment shall issue with respect to any plaintiff for a period of seventeen years after the entry of a final judgment of any court of the united states, other than the denial of a declaratory judgment under this section, whether entered prior to or after august 6, 1965, determining that denials or abridgments of the right to vote on account of race or color through the use of such tests or devices have occurred any where in the territory of such plaintiff. no citizen shall be denied the right to vote in any federal, state, or local election because of his failure to comply with any test or device in any state with respect to which the determinations have been made under the third sentence of subsection (b) of this section or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the united states district court for the district of columbia in an action for a declaratory judgment brought by such state or subdivision against the united states has determined that no such test or device has been used during the ten years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section: provided, that no such declaratory judgment shall issue with respect to any plaintiff for a period of ten years after the entry of a final judgment of any court of the united states, other than the denial of a declaratory judgment under this section, whether entered prior to or after the enactment of this paragraph, determining that denials or abridgments of the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section through the use of tests or devices have occurred anywhere in the territory of such plaintiff. "an action pursuant to this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall lie to the supreme court. the court shall retain jurisdiction of any action pursuant to this subsection for five years after judgment and shall reopen the action upon motion of the attorney general alleging that a test or device has been used for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section. "if the attorney general determines that he has no reason to believe that any such test or device has been used during the seventeen years preceding the filing of an action under the first sentence of this subsection for the purpose or with the effect of denying or abridging the right to vote on account of race or color, he shall consent to the entry of such judgment. "if the attorney general determines that he has no reason to believe that any such test or device has been used during the ten years preceding the filing of an action under the second sentence of this subsection for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section, he shall consent to the entry of such judgment." subsec. (f)(4). pub. l. 97 205, §2(c), inserted "or in the case of alaskan natives and american indians, if the predominate language is historically unwritten". 1975 subsec. (a). pub. l. 94 73, §§101, 201, 206, in first par., substituted "seventeen years" for "ten years" in two places, and "determinations have been made under the first two sentences of subsection (b)" for "determinations have been made under subsection (b)", inserted provisions that no citizen shall be denied the right to vote in any federal, state, or local election because of his failure to comply with any test or device in any state with respect to which the determinations have been made under the third sentence of subsection (b) of this section or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the united states district court for the district of columbia in an action for a declaratory judgment brought by such state or subdivision against the united states has determined that no such test or device has been used during the ten years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section with the proviso that no such declaratory judgment shall issue with respect to any plaintiff for a period of ten years after the entry of final judgment of any court of the united states, other than the denial of a declaratory judgment under this section, whether entered prior to or after the enactment of this paragraph, determining that denials or abridgments of the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section through the use of tests or devices have occurred anywhere in the territory of such plaintiff, in second par., substituted "on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2)" for "on account of race or color", in third par., substituted "seventeen years preceding the filing of an action under the first sentence of this subsection" for "ten years preceding the filing of the action", and added fourth par. subsec. (b). pub. l. 94 73, §202, inserted provisions that on and after august 6, 1975, in addition to any state or political subdivision of a state determined to be subject to subsection (a) pursuant to the previous two sentences, the provisions of subsection (a) shall apply in any state or any political subdivision of a state which the attorney general determines maintained on november 1, 1972, any test or device, and with respect to which the director of the census determines that less than 50 per centum of the citizens of voting age were registered on november 1, 1972, or that less than 50 per centum of such persons voted in the presidential election of november, 1972. subsec. (d). pub. l. 94 73, §206, substituted "on account of race or color or in contravention of the guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color". subsec. (f). pub. l. 94 73, §203, added subsec. (f). 1970 subsec. (a). pub. l. 91 285, §3, substituted "ten" for "five" years in first and third pars. subsec. (b). pub. l. 91 285, §4, inserted provision respecting the making of factual determinations concerning maintenance of any test or device on nov. 1, 1968, registration of less than 50 per centum of persons of voting age on nov. 1, 1968, and voting by less than 50 per centum of such persons in the presidential election of november 1968. effective date of 1982 amendment amendment by section 2(a), (c) of pub. l. 97 205 effective june 29, 1982, see section 6 of pub. l. 97 205, set out as a note under section 10301 of this title. pub. l. 97 205, §2(b), june 29, 1982, 96 stat. 131, provided that the amendment made by that section is effective on and after aug. 5, 1984. §10304. alteration of voting qualifications; procedure and appeal; purpose or effect of diminishing the ability of citizens to elect their preferred candidates (a) whenever a state or political subdivision with respect to which the prohibitions set forth in section 10303(a) of this title based upon determinations made under the first sentence of section 10303(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on november 1, 1964, or whenever a state or political subdivision with respect to which the prohibitions set forth in section 10303(a) of this title based upon determinations made under the second sentence of section 10303(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on november 1, 1968, or whenever a state or political subdivision with respect to which the prohibitions set forth in section 10303(a) of this title based upon determinations made under the third sentence of section 10303(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on november 1, 1972, such state or subdivision may institute an action in the united states district court for the district of columbia for a declaratory judgment that such qualification, prerequisite, standard, practice, or procedure neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in section 10303(f)(2) of this title, and unless and until the court enters such judgment no person shall be denied the right to vote for failure to comply with such qualification, prerequisite, standard, practice, or procedure: provided, that such qualification, prerequisite, standard, practice, or procedure may be enforced without such proceeding if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such state or subdivision to the attorney general and the attorney general has not interposed an objection within sixty days after such submission, or upon good cause shown, to facilitate an expedited approval within sixty days after such submission, the attorney general has affirmatively indicated that such objection will not be made. neither an affirmative indication by the attorney general that no objection will be made, nor the attorney general's failure to object, nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. in the event the attorney general affirmatively indicates that no objection will be made within the sixty day period following receipt of a submission, the attorney general may reserve the right to reexamine the submission if additional information comes to his attention during the remainder of the sixty day period which would otherwise require objection in accordance with this section. any action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall lie to the supreme court. (b) any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting that has the purpose of or will have the effect of diminishing the ability of any citizens of the united states on account of race or color, or in contravention of the guarantees set forth in section 10303(f)(2) of this title, to elect their preferred candidates of choice denies or abridges the right to vote within the meaning of subsection (a) of this section. (c) the term "purpose" in subsections (a) and (b) of this section shall include any discriminatory purpose. (d) the purpose of subsection (b) of this section is to protect the ability of such citizens to elect their preferred candidates of choice. (pub. l. 89 110, title i, §5, aug. 6, 1965, 79 stat. 439; renumbered title i and amended pub. l. 91 285, §§2, 5, june 22, 1970, 84 stat. 314, 315; pub. l. 94 73, title ii, §§204, 206, title iv, §405, aug. 6, 1975, 89 stat. 402, 404; pub. l. 109 246, §5, july 27, 2006, 120 stat. 580.) codification section was formerly classified to section 1973c 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. amendments 2006 pub. l. 109 246 designated existing provisions as subsec. (a), substituted "neither has the purpose nor will have the effect" for "does not have the purpose and will not have the effect", and added subsecs. (b) to (d). 1975 pub. l. 94 73 inserted "or whenever a state or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under third sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on november 1, 1972," after 1968, substituted "or upon good cause shown, to facilitate an expedited approval within sixty days after such submission, the attorney general has affirmatively indicated that such objection will not be made. neither an affirmative indication by the attorney general that no objection will be made, nor the attorney general's failure to object," for "except that neither the attorney general's failure to object", and "on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color", and inserted provisions that in the event the attorney general affirmatively indicates that no objection will be made within the sixty day period following receipt of a submission, the attorney general may reserve the right to examine the submission if additional information comes to his attention during the remainder of the sixty day period which would otherwise require objection in accordance with this section. 1970 pub. l. 91 285 inserted "based upon determinations made under the first sentence of section 1973b(b) of this title" after "section 1973b(a) of this title" and "or whenever a state or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the second sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on november 1, 1968," after "1964,". §10305. use of observers (a) assignment whenever  (1) a court has authorized the appointment of observers under section 10302(a) of this title for a political subdivision; or (2) the attorney general certifies with respect to any political subdivision named in, or included within the scope of, determinations made under section 10303(b) of this title, unless a declaratory judgment has been rendered under section 10303(a) of this title, that  (a) the attorney general has received written meritorious complaints from residents, elected officials, or civic participation organizations that efforts to deny or abridge the right to vote under the color of law on account of race or color, or in contravention of the guarantees set forth in section 10303(f)(2) of this title are likely to occur; or (b) in the attorney general's judgment (considering, among other factors, whether the ratio of nonwhite persons to white persons registered to vote within such subdivision appears to the attorney general to be reasonably attributable to violations of the 14th or 15th amendment or whether substantial evidence exists that bona fide efforts are being made within such subdivision to comply with the 14th or 15th amendment), the assignment of observers is otherwise necessary to enforce the guarantees of the 14th or 15th amendment; the director of the office of personnel management shall assign as many observers for such subdivision as the director may deem appropriate. (b) status except as provided in subsection (c), such observers shall be assigned, compensated, and separated without regard to the provisions of any statute administered by the director of the office of personnel management, and their service under chapters 103 to 107 of this title shall not be considered employment for the purposes of any statute administered by the director of the office of personnel management, except the provisions of section 7324 of title 5 prohibiting partisan political activity. (c) designation the director of the office of personnel management is authorized to, after consulting the head of the appropriate department or agency, designate suitable persons in the official service of the united states, with their consent, to serve in these positions. (d) authority observers shall be authorized to  (1) enter and attend at any place for holding an election in such subdivision for the purpose of observing whether persons who are entitled to vote are being permitted to vote; and (2) enter and attend at any place for tabulating the votes cast at any election held in such subdivision for the purpose of observing whether votes cast by persons entitled to vote are being properly tabulated. (e) investigation and report observers shall investigate and report to the attorney general, and if the appointment of observers has been authorized pursuant to section 10302(a) of this title, to the court. (pub. l. 89 110, title i, §8, aug. 6, 1965, 79 stat. 441; renumbered title i, pub. l. 91 285, §2, june 22, 1970, 84 stat. 314; amended pub. l. 109 246, §3(a), july 27, 2006, 120 stat. 578.) codification section was formerly classified to section 1973f 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. amendments 2006 pub. l. 109 246 amended section generally. prior to amendment, text of section read as follows: "whenever an examiner is serving under subchapters i a to i c of this chapter in any political subdivision, the director of the office of personnel management may assign, at the request of the attorney general, one or more persons, who may be officers of the united states, (1) to enter and attend at any place for holding an election in such subdivision for the purpose of observing whether persons who are entitled to vote are being permitted to vote, and (2) to enter and attend at any place for tabulating the votes cast at any election held in such subdivision for the purpose of observing whether votes cast by persons entitled to vote are being properly tabulated. such persons so assigned shall report to an examiner appointed for such political subdivision, to the attorney general, and if the appointment of examiners has been authorized pursuant to section 1973a(a) of this title, to the court." §10306. poll taxes (a) congressional finding and declaration of policy against enforced payment of poll taxes as a device to impair voting rights the congress finds that the requirement of the payment of a poll tax as a precondition to voting (i) precludes persons of limited means from voting or imposes unreasonable financial hardship upon such persons as a precondition to their exercise of the franchise, (ii) does not bear a reasonable relationship to any legitimate state interest in the conduct of elections, and (iii) in some areas has the purpose or effect of denying persons the right to vote because of race or color. upon the basis of these findings, congress declares that the constitutional right of citizens to vote is denied or abridged in some areas by the requirement of the payment of a poll tax as a precondition to voting. (b) authority of attorney general to institute actions for relief against enforcement of poll tax requirement in the exercise of the powers of congress under section 5 of the fourteenth amendment, section 2 of the fifteenth amendment and section 2 of the twenty fourth amendment, the attorney general is authorized and directed to institute forthwith in the name of the united states such actions, including actions against states or political subdivisions, for declaratory judgment or injunctive relief against the enforcement of any requirement of the payment of a poll tax as a precondition to voting, or substitute therefor enacted after november 1, 1964, as will be necessary to implement the declaration of subsection (a) and the purposes of this section. (c) jurisdiction of three judge district courts; appeal to supreme court the district courts of the united states shall have jurisdiction of such actions which shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall lie to the supreme court. it shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. (pub. l. 89 110, title i, §10, aug. 6, 1965, 79 stat. 442; renumbered title i, pub. l. 91 285, §2, june 22, 1970, 84 stat. 314; amended pub. l. 94 73, title iv, §408, aug. 6, 1975, 89 stat. 405.) codification section was formerly classified to section 1973h of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 1975 subsec. (b). pub. l. 94 73, §408(2), (3), inserted reference to section 2 of twenty fourth amendment. subsec. (d). pub. l. 94 73, §408(1), struck out subsec. (d) which related to post payment of poll taxes in event of a judicial declaration of constitutionality. §10307. prohibited acts (a) failure or refusal to permit casting or tabulation of vote no person acting under color of law shall fail or refuse to permit any person to vote who is entitled to vote under any provision of chapters 103 to 107 of this title or is otherwise qualified to vote, or willfully fail or refuse to tabulate, count, and report such person's vote. (b) intimidation, threats, or coercion no person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote, or intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for urging or aiding any person to vote or attempt to vote, or intimidate, threaten, or coerce any person for exercising any powers or duties under section 10302(a), 10305, 10306, or 10308(e) of this title or section 1973d or 1973g of title 42.1 (c) false information in registering or voting; penalties whoever knowingly or willfully gives false information as to his name, address or period of residence in the voting district for the purpose of establishing his eligibility to register or vote, or conspires with another individual for the purpose of encouraging his false registration to vote or illegal voting, or pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both: provided, however, that this provision shall be applicable only to general, special, or primary elections held solely or in part for the purpose of selecting or electing any candidate for the office of president, vice president, presidential elector, member of the united states senate, member of the united states house of representatives, delegate from the district of columbia, guam, or the virgin islands, or resident commissioner of the commonwealth of puerto rico. (d) falsification or concealment of material facts or giving of false statements in matters within jurisdiction of examiners or hearing officers; penalties whoever, in any matter within the jurisdiction of an examiner or hearing officer knowingly and willfully falsifies or conceals a material fact, or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. (e) voting more than once (1) whoever votes more than once in an election referred to in paragraph (2) shall be fined not more than $10,000 or imprisoned not more than five years, or both. (2) the prohibition of this subsection applies with respect to any general, special, or primary election held solely or in part for the purpose of selecting or electing any candidate for the office of president, vice president, presidential elector, member of the united states senate, member of the united states house of representatives, delegate from the district of columbia, guam, or the virgin islands, or resident commissioner of the commonwealth of puerto rico. (3) as used in this subsection, the term "votes more than once" does not include the casting of an additional ballot if all prior ballots of that voter were invalidated, nor does it include the voting in two jurisdictions under section 10502 of this title, to the extent two ballots are not cast for an election to the same candidacy or office. (pub. l. 89 110, title i, §11, aug. 6, 1965, 79 stat. 443; renumbered title i, pub. l. 91 285, §2, june 22, 1970, 84 stat. 314; amended pub. l. 91 405, title ii, §204(e), sept. 22, 1970, 84 stat. 853; pub. l. 94 73, title iv, §§404, 409, aug. 6, 1975, 89 stat. 404, 405.) references in text sections 1973d and 1973g of title 42, referred to in subsec. (b), were repealed by pub. l. 109 246, §3(c), july 27, 2006, 120 stat. 580. codification section was formerly classified to section 1973i of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 1975 subsec. (c). pub. l. 94 73, §404, inserted reference to guam and virgin islands. subsec. (e). pub. l. 94 73, §409, added subsec. (e). 1970 subsec. (c). pub. l. 91 405 substituted reference to delegate from district of columbia for delegates or commissioners from territories or possessions. effective date of 1970 amendment amendment by pub. l. 91 405 effective sept. 22, 1970, see section 206(b) of pub. l. 91 405, set out as an effective date note under section 25a of title 2, the congress. 1 see references in text note below. §10308. civil and criminal sanctions (a) depriving or attempting to deprive persons of secured rights whoever shall deprive or attempt to deprive any person of any right secured by section 10301, 10302, 10303, 10304, or 10306 of this title or shall violate section 10307(a) of this title, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (b) destroying, defacing, mutilating, or altering ballots or official voting records whoever, within a year following an election in a political subdivision in which an observer has been assigned (1) destroys, defaces, mutilates, or otherwise alters the marking of a paper ballot which has been cast in such election, or (2) alters any official record of voting in such election tabulated from a voting machine or otherwise, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (c) conspiring to violate or interfere with secured rights whoever conspires to violate the provisions of subsection (a) or (b) of this section, or interferes with any right secured by section 10301, 10302, 10303, 10304, 10306, or 10307(a) of this title shall be fined not more than $5,000, or imprisoned not more than five years, or both. (d) civil action by attorney general for preventive relief; injunctive and other relief whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 10301, 10302, 10303, 10304, 10306, or 10307 of this title, section 1973e of title 42,1 or subsection (b) of this section, the attorney general may institute for the united states, or in the name of the united states, an action for preventive relief, including an application for a temporary or permanent injunction, restraining order, or other order, and including an order directed to the state and state or local election officials to require them (1) to permit persons listed under chapters 103 to 107 of this title to vote and (2) to count such votes. (e) proceeding by attorney general to enforce the counting of ballots of registered and eligible persons who are prevented from voting whenever in any political subdivision in which there are observers appointed pursuant to chapters 103 to 107 of this title any persons allege to such an observer within forty eight hours after the closing of the polls that notwithstanding (1) their listing under chapters 103 to 107 of this title or registration by an appropriate election official and (2) their eligibility to vote, they have not been permitted to vote in such election, the observer shall forthwith notify the attorney general if such allegations in his opinion appear to be well founded. upon receipt of such notification, the attorney general may forthwith file with the district court an application for an order providing for the marking, casting, and counting of the ballots of such persons and requiring the inclusion of their votes in the total vote before the results of such election shall be deemed final and any force or effect given thereto. the district court shall hear and determine such matters immediately after the filing of such application. the remedy provided in this subsection shall not preclude any remedy available under state or federal law. (f) jurisdiction of district courts; exhaustion of administrative or other remedies unnecessary the district courts of the united states shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether a person asserting rights under the provisions of chapters 103 to 107 of this title shall have exhausted any administrative or other remedies that may be provided by law. (pub. l. 89 110, title i, §12, aug. 6, 1965, 79 stat. 443; pub. l. 90 284, title i, §103(c), apr. 11, 1968, 82 stat. 75; renumbered title i, pub. l. 91 285, §2, june 22, 1970, 84 stat. 314; pub. l. 109 246, §3(d)(3), (4), (e)(2), july 27, 2006, 120 stat. 580.) references in text section 1973e of title 42, referred to in subsec. (d), was repealed by pub. l. 109 246, §3(c), july 27, 2006, 120 stat. 580. codification section was formerly classified to section 1973j 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. amendments 2006 subsec. (a). pub. l. 109 246, §3(e)(2), struck out "1973e," after "1973c,". subsec. (b). pub. l. 109 246, §3(d)(3), substituted "an observer has been assigned" for "an examiner has been appointed". subsec. (c). pub. l. 109 246, §3(e)(2), struck out "1973e," after "1973c,". subsec. (e). pub. l. 109 246, §3(d)(4), substituted "observers" for "examiners" and substituted "observer" for "examiner" in two places. 1968 subsecs. (a), (c). pub. l. 90 284 struck out reference to violation of section 1973i(b) of this title. 1 see references in text note below. §10309. termination of assignment of observers (a) in general the assignment of observers shall terminate in any political subdivision of any state  (1) with respect to observers appointed pursuant to section 10305 of this title or with respect to examiners certified under chapters 103 to 107 of this title before july 27, 2006, whenever the attorney general notifies the director of the office of personnel management, or whenever the district court for the district of columbia determines in an action for declaratory judgment brought by any political subdivision described in subsection (b), that there is no longer reasonable cause to believe that persons will be deprived of or denied the right to vote on account of race or color, or in contravention of the guarantees set forth in section 10303(f)(2) of this title in such subdivision; and (2) with respect to observers appointed pursuant to section 10302(a) of this title, upon order of the authorizing court. (b) political subdivision with majority of nonwhite persons registered a political subdivision referred to in subsection (a)(1) is one with respect to which the director of the census has determined that more than 50 per centum of the nonwhite persons of voting age residing therein are registered to vote. (c) petition for termination a political subdivision may petition the attorney general for a termination under subsection (a)(1). (pub. l. 89 110, title i, §13, aug. 6, 1965, 79 stat. 444; renumbered title i, pub. l. 91 285, §2, june 22, 1970, 84 stat. 314; amended pub. l. 94 73, title ii, §206, aug. 6, 1975, 89 stat. 402; pub. l. 109 246, §3(b), july 27, 2006, 120 stat. 579; pub. l. 110 258, §2, july 1, 2008, 122 stat. 2428.) codification section was formerly classified to section 1973k 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. amendments 2008 subsec. (a)(1). pub. l. 110 258 made technical amendment to reference in original act which appears in text as reference to july 27, 2006. 2006 pub. l. 109 246 amended section generally. prior to amendment, section related to termination of listing procedures, basis for termination, and survey or census by the director of the census. 1975 pub. l. 94 73 substituted "on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color". §10310. enforcement proceedings (a) criminal contempt all cases of criminal contempt arising under the provisions of chapters 103 to 107 of this title shall be governed by section 1995 of title 42. (b) jurisdiction of courts for declaratory judgment, restraining orders, or temporary or permanent injunction no court other than the district court for the district of columbia shall have jurisdiction to issue any declaratory judgment pursuant to section 10303 or 10304 of this title or any restraining order or temporary or permanent injunction against the execution or enforcement of any provision of chapters 103 to 107 of this title or any action of any federal officer or employee pursuant hereto. (c) definitions (1) the terms "vote" or "voting" shall include all action necessary to make a vote effective in any primary, special, or general election, including, but not limited to, registration, listing pursuant to this chapter, or other action required by law prerequisite to voting, casting a ballot, and having such ballot counted properly and included in the appropriate totals of votes cast with respect to candidates for public or party office and propositions for which votes are received in an election. (2) the term "political subdivision" shall mean any county or parish, except that where registration for voting is not conducted under the supervision of a county or parish, the term shall include any other subdivision of a state which conducts registration for voting. (3) the term "language minorities" or "language minority group" means persons who are american indian, asian american, alaskan natives or of spanish heritage. (d) subpenas in any action for a declaratory judgment brought pursuant to section 10303 or 10304 of this title, subpenas for witnesses who are required to attend the district court for the district of columbia may be served in any judicial district of the united states: provided, that no writ of subpena shall issue for witnesses without the district of columbia at a greater distance than one hundred miles from the place of holding court without the permission of the district court for the district of columbia being first had upon proper application and cause shown. (e) attorney's fees in any action or proceeding to enforce the voting guarantees of the fourteenth or fifteenth amendment, the court, in its discretion, may allow the prevailing party, other than the united states, a reasonable attorney's fee, reasonable expert fees, and other reasonable litigation expenses as part of the costs. (pub. l. 89 110, title i, §14, aug. 6, 1965, 79 stat. 445; renumbered title i, pub. l. 91 285, §2, june 22, 1970, 84 stat. 314; amended pub. l. 94 73, title ii, §207, title iv, §402, aug. 6, 1975, 89 stat. 402, 404; pub. l. 109 246, §§3(e)(3), 6, july 27, 2006, 120 stat. 580, 581.) codification section was formerly classified to section 1973l of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 2006 subsec. (b). pub. l. 109 246, §3(e)(3), struck out "or a court of appeals in any proceeding under section 1973g of this title" after "district of columbia". subsec. (e). pub. l. 109 246, §6, inserted ", reasonable expert fees, and other reasonable litigation expenses" after "reasonable attorney's fee". 1975 subsec. (c)(3). pub. l. 94 73, §207, added par. (3). subsec. (e). pub. l. 94 73, §402, added subsec. (e). §10311. impairment of voting rights of persons holding current registration nothing in chapters 103 to 107 of this title shall be construed to deny, impair, or otherwise adversely affect the right to vote of any person registered to vote under the law of any state or political subdivision. (pub. l. 89 110, title i, §17, aug. 6, 1965, 79 stat. 446; renumbered title i, pub. l. 91 285, §2, june 22, 1970, 84 stat. 314.) codification section was formerly classified to section 1973n of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §10312. authorization of appropriations there are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of chapters 103 to 107 of this title. (pub. l. 89 110, title i, §18, aug. 6, 1965, 79 stat. 446; renumbered title i, pub. l. 91 285, §2, june 22, 1970, 84 stat. 314.) codification section was formerly classified to section 1973o of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §10313. separability if any provision of chapters 103 to 107 of this title or the application thereof to any person or circumstances is held invalid, the remainder of chapters 103 to 107 of this title and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. (pub. l. 89 110, title i, §19, aug. 6, 1965, 79 stat. 446; renumbered title i, pub. l. 91 285, §2, june 22, 1970, 84 stat. 314.) codification section was formerly classified to section 1973p of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §10314. construction a reference in this chapter to the effective date of the amendments made by, or the date of the enactment of, the fannie lou hamer, rosa parks, coretta scott king, césar e. chávez, barbara c. jordan, william c. velásquez, and dr. hector p. garcia voting rights act reauthorization and amendments act of 2006 shall be considered to refer to, respectively, the effective date of the amendments made by, or the date of the enactment of, the fannie lou hamer, rosa parks, and coretta scott king voting rights act reauthorization and amendments act of 2006. (pub. l. 89 110, title i, §20, as added pub. l. 110 258, §3, july 1, 2008, 122 stat. 2428.) references in text the effective date of the amendments made by, or the date of the enactment of, the fannie lou hamer, rosa parks, and coretta scott king voting rights act reauthorization and amendments act of 2006, referred to in text, is the date of enactment of pub. l. 109 246, which was approved july 27, 2006. codification section was formerly classified to section 1973q of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. chapter 105 supplemental provisions sec. 10501. application of prohibition to other states; "test or device" defined. 10502. residence requirements for voting. 10503. bilingual election requirements. 10504. judicial relief; civil actions by the attorney general; three judge district court; appeal to supreme court. 10505. penalty. 10506. separability. 10507. survey to compile registration and voting statistics. 10508. voting assistance for blind, disabled or illiterate persons. §10501. application of prohibition to other states; "test or device" defined (a) no citizen shall be denied, because of his failure to comply with any test or device, the right to vote in any federal, state, or local election conducted in any state or political subdivision of a state. (b) as used in this section, the term "test or device" means any requirement that a person as a prerequisite for voting or registration for voting (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) demonstrate any educational achievement or his knowledge of any particular subject, (3) possess good moral character, or (4) prove his qualifications by the voucher of registered voters or members of any other class. (pub. l. 89 110, title ii, §201, as added pub. l. 91 285, §6, june 22, 1970, 84 stat. 315; amended pub. l. 94 73, title i, §102, aug. 6, 1975, 89 stat. 400.) codification section was formerly classified to section 1973aa 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. amendments 1975 subsec. (a). pub. l. 94 73 struck out "prior to august 6, 1975," and "as to which the provisions of section 1973b(a) of this title are not in effect by reason of determinations made under section 1973b(b) of this title". §10502. residence requirements for voting (a) congressional findings the congress hereby finds that the imposition and application of the durational residency requirement as a precondition to voting for the offices of president and vice president, and the lack of sufficient opportunities for absentee registration and absentee balloting in presidential elections  (1) denies or abridges the inherent constitutional right of citizens to vote for their president and vice president; (2) denies or abridges the inherent constitutional right of citizens to enjoy their free movement across state lines; (3) denies or abridges the privileges and immunities guaranteed to the citizens of each state under article iv, section 2, clause 1, of the constitution; (4) in some instances has the impermissible purpose or effect of denying citizens the right to vote for such officers because of the way they may vote; (5) has the effect of denying to citizens the equality of civil rights, and due process and equal protection of the laws that are guaranteed to them under the fourteenth amendment; and (6) does not bear a reasonable relationship to any compelling state interest in the conduct of presidential elections. (b) congressional declaration: durational residency requirement, abolishment; absentee registration and balloting standards, establishment upon the basis of these findings, congress declares that in order to secure and protect the above stated rights of citizens under the constitution, to enable citizens to better obtain the enjoyment of such rights, and to enforce the guarantees of the fourteenth amendment, it is necessary (1) to completely abolish the durational residency requirement as a precondition to voting for president and vice president, and (2) to establish nationwide, uniform standards relative to absentee registration and absentee balloting in presidential elections. (c) prohibition of denial of right to vote because of durational residency requirement or absentee balloting no citizen of the united states who is otherwise qualified to vote in any election for president and vice president shall be denied the right to vote for electors for president and vice president, or for president and vice president, in such election because of the failure of such citizen to comply with any durational residency requirement of such state or political subdivision; nor shall any citizen of the united states be denied the right to vote for electors for president and vice president, or for president and vice president, in such election because of the failure of such citizen to be physically present in such state or political subdivision at the time of such election, if such citizen shall have complied with the requirements prescribed by the law of such state or political subdivision providing for the casting of absentee ballots in such election. (d) registration: time for application; absentee balloting: time of application and return of ballots for the purposes of this section, each state shall provide by law for the registration or other means of qualification of all duly qualified residents of such state who apply, not later than thirty days immediately prior to any presidential election, for registration or qualification to vote for the choice of electors for president and vice president or for president and vice president in such election; and each state shall provide by law for the casting of absentee ballots for the choice of electors for president and vice president, or for president and vice president, by all duly qualified residents of such state who may be absent from their election district or unit in such state on the day such election is held and who have applied therefor not later than seven days immediately prior to such election and have returned such ballots to the appropriate election official of such state not later than the time of closing of the polls in such state on the day of such election. (e) change of residence; voting in person or by absentee ballot in state of prior residence if any citizen of the united states who is otherwise qualified to vote in any state or political subdivision in any election for president and vice president has begun residence in such state or political subdivision after the thirtieth day next preceding such election and, for that reason, does not satisfy the registration requirements of such state or political subdivision he shall be allowed to vote for the choice of electors for president and vice president, or for president and vice president, in such election, (1) in person in the state or political subdivision in which he resided immediately prior to his removal if he had satisfied, as of the date of his change of residence, the requirements to vote in that state or political subdivision, or (2) by absentee ballot in the state or political subdivision in which he resided immediately prior to his removal if he satisfies, but for his nonresident status and the reason for his absence, the requirements for absentee voting in that state or political subdivision. (f) absentee registration requirement no citizen of the united states who is otherwise qualified to vote by absentee ballot in any state or political subdivision in any election for president and vice president shall be denied the right to vote for the choice of electors for president and vice president, or for president and vice president, in such election because of any requirement of registration that does not include a provision for absentee registration. (g) state or local adoption of less restrictive voting practices nothing in this section shall prevent any state or political subdivision from adopting less restrictive voting practices than those that are prescribed herein. (h) "state" defined the term "state" as used in this section includes each of the several states and the district of columbia. (i) false registration, and other fraudulent acts and conspiracies: application of penalty for false information in registering or voting the provisions of section 10307(c) of this title shall apply to false registration, and other fraudulent acts and conspiracies, committed under this section. (pub. l. 89 110, title ii, §202, as added pub. l. 91 285, §6, june 22, 1970, 84 stat. 316.) codification section was formerly classified to section 1973aa 1 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §10503. bilingual election requirements (a) congressional findings and declaration of policy the congress finds that, through the use of various practices and procedures, citizens of language minorities have been effectively excluded from participation in the electoral process. among other factors, the denial of the right to vote of such minority group citizens is ordinarily directly related to the unequal educational opportunities afforded them resulting in high illiteracy and low voting participation. the congress declares that, in order to enforce the guarantees of the fourteenth and fifteenth amendments to the united states constitution, it is necessary to eliminate such discrimination by prohibiting these practices, and by prescribing other remedial devices. (b) bilingual voting materials requirement (1) generally before august 6, 2032, no covered state or political subdivision shall provide voting materials only in the english language. (2) covered states and political subdivisions (a) generally a state or political subdivision is a covered state or political subdivision for the purposes of this subsection if the director of the census determines, based on the 2010 american community survey census data and subsequent american community survey data in 5 year increments, or comparable census data, that  (i)(i) more than 5 percent of the citizens of voting age of such state or political subdivision are members of a single language minority and are limited english proficient; (ii) more than 10,000 of the citizens of voting age of such political subdivision are members of a single language minority and are limited english proficient; or (iii) in the case of a political subdivision that contains all or any part of an indian reservation, more than 5 percent of the american indian or alaska native citizens of voting age within the indian reservation are members of a single language minority and are limited english proficient; and (ii) the illiteracy rate of the citizens in the language minority as a group is higher than the national illiteracy rate. (b) exception the prohibitions of this subsection do not apply in any political subdivision that has less than 5 percent voting age limited english proficient citizens of each language minority which comprises over 5 percent of the statewide limited english proficient population of voting age citizens, unless the political subdivision is a covered political subdivision independently from its state. (3) definitions as used in this section  (a) the term "voting materials" means registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots; (b) the term "limited english proficient" means unable to speak or understand english adequately enough to participate in the electoral process; (c) the term "indian reservation" means any area that is an american indian or alaska native area, as defined by the census bureau for the purposes of the 1990 decennial census; (d) the term "citizens" means citizens of the united states; and (e) the term "illiteracy" means the failure to complete the 5th primary grade. (4) special rule the determinations of the director of the census under this subsection shall be effective upon publication in the federal register and shall not be subject to review in any court. (c) requirement of voting notices, forms, instructions, assistance, or other materials and ballots in minority language whenever any state or political subdivision subject to the prohibition of subsection (b) of this section provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the english language: provided, that where the language of the applicable minority group is oral or unwritten or in the case of alaskan natives and american indians, if the predominant language is historically unwritten, the state or political subdivision is only required to furnish oral instructions, assistance, or other information relating to registration and voting. (d) action for declaratory judgment permitting english only materials any state or political subdivision subject to the prohibition of subsection (b) of this section, which seeks to provide english only registration or voting materials or information, including ballots, may file an action against the united states in the united states district court for a declaratory judgment permitting such provision. the court shall grant the requested relief if it determines that the illiteracy rate of the applicable language minority group within the state or political subdivision is equal to or less than the national illiteracy rate. (e) definitions for purposes of this section, the term "language minorities" or "language minority group" means persons who are american indian, asian american, alaskan natives, or of spanish heritage. (pub. l. 89 110, title ii, §203, as added pub. l. 94 73, title iii, §301, aug. 6, 1975, 89 stat. 402; amended pub. l. 97 205, §§2(d), 4, june 29, 1982, 96 stat. 134; pub. l. 102 344, §2, aug. 26, 1992, 106 stat. 921; pub. l. 109 246, §§7, 8, july 27, 2006, 120 stat. 581.) codification section was formerly classified to section 1973aa 1a of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 2006 subsec. (b)(1). pub. l. 109 246, §7, substituted "2032" for "2007". subsec. (b)(2)(a). pub. l. 109 246, §8, substituted "the 2010 american community survey census data and subsequent american community survey data in 5 year increments, or comparable census data" for "census data" in introductory provisions. 1992 subsec. (b). pub. l. 102 344 amended subsec. (b) generally. prior to amendment, subsec. (b) read as follows: "prior to august 6, 1992, no state or political subdivision shall provide registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, only in the english language if the director of the census determines (i) that more than 5 percent of the citizens of voting age of such state or political subdivision are members of a single language minority and (ii) that the illiteracy rate of such persons as a group is higher than the national illiteracy rate: provided, that the prohibitions of this subsection shall not apply in any political subdivision which has less than five percent voting age citizens of each language minority which comprises over five percent of the statewide population of voting age citizens. for purposes of this subsection, illiteracy means the failure to complete the fifth primary grade. the determinations of the director of the census under this subsection shall be effective upon publication in the federal register and shall not be subject to review in any court." 1982 subsec. (b). pub. l. 97 205, §4, substituted "prior to august 6, 1992" for "prior to august 6, 1985". subsec. (c). pub. l. 97 205, §2(d), inserted "and american indians" after "alaskan natives". effective date of 1982 amendment amendment by pub. l. 97 205 effective june 29, 1982, see section 6 of pub. l. 97 205, set out as a note under section 10301 of this title. extension to august 6, 1992, of prohibition on use of voting instructions, assistance, or other materials or information in english only; limitations based on 1980 census and subsequent census data pub. l. 97 205, §4, june 29, 1982, 96 stat. 134, provided in part that: "[t]he extension made by this section [amending subsec. (b) of this section] shall apply only to determinations made by the director of the census under clause (i) of section 203(b) [subsec. (b)(i) of this section] for members of a single language minority who do not speak or understand english adequately enough to participate in the electoral process when such a determination can be made by the director of the census based on the 1980 and subsequent census data." §10504. judicial relief; civil actions by the attorney general; three judge district court; appeal to supreme court whenever the attorney general has reason to believe that a state or political subdivision (a) has enacted or is seeking to administer any test or device as a prerequisite to voting in violation of the prohibition contained in section 10501 of this title, or (b) undertakes to deny the right to vote in any election in violation of section 10502 or 10503 of this title, he may institute for the united states, or in the name of the united states, an action in a district court of the united states, in accordance with sections 1391 through 1393 1 of title 28, for a restraining order, a preliminary or permanent injunction, or such other order as he deems appropriate. an action under this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall be to the supreme court. (pub. l. 89 110, title ii, §204, formerly §203, as added pub. l. 91 285, §6, june 22, 1970, 84 stat. 317; renumbered §204 and amended pub. l. 94 73, title iii, §§302, 303, title iv, §406, aug. 6, 1975, 89 stat. 403, 405.) references in text section 1393 of title 28, referred to in text, was repealed by pub. l. 100 702, title x, §1001(a), nov. 19, 1988, 102 stat. 4664. codification section was formerly classified to section 1973aa 2 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. amendments 1975 pub. l. 94 73 inserted reference to section 1973aa 1a of this title and substituted reference to section 2284 of title 28 for reference to section 2282 of title 28. 1 see references in text note below. §10505. penalty whoever shall deprive or attempt to deprive any person of any right secured by section 10501, 10502, or 10503 of this title shall be fined not more than $5,000, or imprisoned not more than five years, or both. (pub. l. 89 110, title ii, §205, formerly §204, as added pub. l. 91 285, §6, june 22, 1970, 84 stat. 317; renumbered §205 and amended pub. l. 94 73, title iii, §§302, 304, aug. 6, 1975, 89 stat. 403.) codification section was formerly classified to section 1973aa 3 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. amendments 1975 pub. l. 94 73 inserted reference to section 1973aa 1a of this title. §10506. separability if any provision of chapters 103 to 107 of this title or the application of any provision thereof to any person or circumstance is judicially determined to be invalid, the remainder of chapters 103 to 107 of this title or the application of such provision to other persons or circumstances shall not be affected by such determination. (pub. l. 89 110, title ii, §206, formerly §205, as added pub. l. 91 285, §6, june 22, 1970, 84 stat. 318; renumbered §206, pub. l. 94 73, title iii, §302, aug. 6, 1975, 89 stat. 403.) codification section was formerly classified to section 1973aa 4 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §10507. survey to compile registration and voting statistics (a) elections to house of representatives and elections designated by united states commission on civil rights congress hereby directs the director of the census forthwith to conduct a survey to compile registration and voting statistics: (i) in every state or political subdivision with respect to which the prohibitions of section 10303(a) of this title are in effect, for every statewide general election for members of the united states house of representatives after january 1, 1974; and (ii) in every state or political subdivision for any election designated by the united states commission on civil rights. such surveys shall only include a count of citizens of voting age, race or color, and national origin, and a determination of the extent to which such persons are registered to vote and have voted in the elections surveyed. (b) prohibition against compulsion to disclose personal data; advice of rights in any survey under subsection (a) of this section no person shall be compelled to disclose his race, color, national origin, political party affiliation, or how he voted (or the reasons therefor), nor shall any penalty be imposed for his failure or refusal to make such disclosures. every person interrogated orally, by written survey or questionnaire, or by any other means with respect to such information shall be fully advised of his right to fail or refuse to furnish such information. (c) report to congress the director of the census shall, at the earliest practicable time, report to the congress the results of every survey conducted pursuant to the provisions of subsection (a) of this section. (d) confidentiality of information; penalties the provisions of section 9 and chapter 7 of title 13 shall apply to any survey, collection, or compilation of registration and voting statistics carried out under subsection (a) of this section. (pub. l. 89 110, title ii, §207, as added pub. l. 94 73, title iv, §403, aug. 6, 1975, 89 stat. 404.) codification section was formerly classified to section 1973aa 5 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §10508. voting assistance for blind, disabled or illiterate persons any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union. (pub. l. 89 110, title ii, §208, as added pub. l. 97 205, §5, june 29, 1982, 96 stat. 135.) codification section was formerly classified to section 1973aa 6 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. effective date pub. l. 97 205, §5, june 29, 1982, 96 stat. 134, provided that this section is effective jan. 1, 1984. chapter 107 right to vote at age eighteen sec. 10701. enforcement of twenty sixth amendment. 10702. "state" defined. §10701. enforcement of twenty sixth amendment (a)(1) the attorney general is directed to institute, in the name of the united states, such actions against states or political subdivisions, including actions for injunctive relief, as he may determine to be necessary to implement the twenty sixth article of amendment to the constitution of the united states. (2) the district courts of the united states shall have jurisdiction of proceedings instituted under this chapter, which shall be heard and determined by a court of three judges in accordance with section 2284 of title 28, and any appeal shall lie to the supreme court. it shall be the duty of the judges designated to hear the case to assign the case for hearing and determination thereof, and to cause the case to be in every way expedited. (b) whoever shall deny or attempt to deny any person of any right secured by the twenty sixth article of amendment to the constitution of the united states shall be fined not more than $5,000 or imprisoned not more than five years, or both. (pub. l. 89 110, title iii, §301, as added pub. l. 91 285, §6, june 22, 1970, 84 stat. 318; amended pub. l. 94 73, title iv, §407, aug. 6, 1975, 89 stat. 405.) codification section was formerly classified to section 1973bb of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 1975 pub. l. 94 73 substituted provisions authorizing the attorney general to institute proceedings to enforce twenty sixth amendment, the jurisdiction of the district courts, and penalties for denial of rights secured by twenty sixth amendment, for provisions relating to congressional findings and prohibition of denial of right to vote on account of age. §10702. "state" defined as used in this chapter, the term "state" includes the district of columbia. (pub. l. 89 110, title iii, §302, as added pub. l. 91 285, §6, june 22, 1970, 84 stat. 318; amended pub. l. 94 73, title iv, §407, aug. 6, 1975, 89 stat. 405.) codification section was formerly classified to section 1973bb 1 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 1975 pub. l. 94 73 substituted definition of state for provisions prohibiting denial of right to vote because of age. subtitle ii voting assistance and election administration chapter 201 voting accessibility for the elderly and handicapped sec. 20101. congressional declaration of purpose. 20102. selection of polling facilities. 20103. selection of registration facilities. 20104. registration and voting aids. 20105. enforcement. 20106. relationship to voting rights act of 1965. 20107. definitions. §20101. congressional declaration of purpose it is the intention of congress in enacting this chapter to promote the fundamental right to vote by improving access for handicapped and elderly individuals to registration facilities and polling places for federal elections. (pub. l. 98 435, §2, sept. 28, 1984, 98 stat. 1678.) codification section was formerly classified to section 1973ee of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. effective date pub. l. 98 435, §9, sept. 28, 1984, 98 stat. 1680, provided that: "this act [enacting this chapter] shall apply with respect to elections taking place after december 31, 1985." §20102. selection of polling facilities (a) accessibility to all polling places as responsibility of each political subdivision within each state, except as provided in subsection (b), each political subdivision responsible for conducting elections shall assure that all polling places for federal elections are accessible to handicapped and elderly voters. (b) exception subsection (a) shall not apply to a polling place  (1) in the case of an emergency, as determined by the chief election officer of the state; or (2) if the chief election officer of the state  (a) determines that all potential polling places have been surveyed and no such accessible place is available, nor is the political subdivision able to make one temporarily accessible, in the area involved; and (b) assures that any handicapped or elderly voter assigned to an inaccessible polling place, upon advance request of such voter (pursuant to procedures established by the chief election officer of the state)  (i) will be assigned to an accessible polling place, or (ii) will be provided with an alternative means for casting a ballot on the day of the election. (c) report to federal election commission (1) not later than december 31 of each even numbered year, the chief election officer of each state shall report to the federal election commission, in a manner to be determined by the commission, the number of accessible and inaccessible polling places in such state on the date of the preceding general federal election, and the reasons for any instance of inaccessibility. (2) not later than april 30 of each odd numbered year, the federal election commission shall compile the information reported under paragraph (1) and shall transmit that information to the congress. (3) the provisions of this subsection shall only be effective for a period of 10 years beginning on september 28, 1984. (pub. l. 98 435, §3, sept. 28, 1984, 98 stat. 1678.) codification section was formerly classified to section 1973ee 1 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. effective date section applicable with respect to elections taking place after dec. 31, 1985, see section 9 of pub. l. 98 435, set out as a note under section 20101 of this title. §20103. selection of registration facilities (a) each state or political subdivision responsible for registration for federal elections shall provide a reasonable number of accessible permanent registration facilities. (b) subsection (a) does not apply to any state that has in effect a system that provides an opportunity for each potential voter to register by mail or at the residence of such voter. (pub. l. 98 435, §4, sept. 28, 1984, 98 stat. 1679.) codification section was formerly classified to section 1973ee 2 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. effective date section applicable with respect to elections taking place after dec. 31, 1985, see section 9 of pub. l. 98 435, set out as a note under section 20101 of this title. §20104. registration and voting aids (a) printed instructions; telecommunications devices for the deaf each state shall make available registration and voting aids for federal elections for handicapped and elderly individuals, including  (1) instructions, printed in large type, conspicuously displayed at each permanent registration facility and each polling place; and (2) information by telecommunications devices for the deaf. (b) medical certification no notarization or medical certification shall be required of a handicapped voter with respect to an absentee ballot or an application for such ballot, except that medical certification may be required when the certification establishes eligibility, under state law  (1) to automatically receive an application or a ballot on a continuing basis; or (2) to apply for an absentee ballot after the deadline has passed. (c) notice of availability of aids the chief election officer of each state shall provide public notice, calculated to reach elderly and handicapped voters, of the availability of aids under this section, assistance under section 10508 of this title, and the procedures for voting by absentee ballot, not later than general public notice of registration and voting is provided. (pub. l. 98 435, §5, sept. 28, 1984, 98 stat. 1679.) codification section was formerly classified to section 1973ee 3 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. effective date section applicable with respect to elections taking place after dec. 31, 1985, see section 9 of pub. l. 98 435, set out as a note under section 20101 of this title. §20105. enforcement (a) action for declaratory or injunctive relief if a state or political subdivision does not comply with this chapter, the united states attorney general or a person who is personally aggrieved by the noncompliance may bring an action for declaratory or injunctive relief in the appropriate district court. (b) prerequisite notice of noncompliance an action may be brought under this section only if the plaintiff notifies the chief election officer of the state of the noncompliance and a period of 45 days has elapsed since the date of notification. (c) attorney fees notwithstanding any other provision of law, no award of attorney fees may be made with respect to an action under this section, except in any action brought to enforce the original judgment of the court. (pub. l. 98 435, §6, sept. 28, 1984, 98 stat. 1679.) codification section was formerly classified to section 1973ee 4 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. effective date section applicable with respect to elections taking place after dec. 31, 1985, see section 9 of pub. l. 98 435, set out as a note under section 20101 of this title. §20106. relationship to voting rights act of 1965 this chapter shall not be construed to impair any right guaranteed by the voting rights act of 1965 (42 u.s.c. 1973 et seq.) [now 52 u.s.c. 10301 et seq.]. (pub. l. 98 435, §7, sept. 28, 1984, 98 stat. 1679.) references in text the voting rights act of 1965, referred to in text, is pub. l. 89 110, aug. 6, 1965, 79 stat. 437, which is classified generally to chapters 103 (§10301 et seq.), 105 (§10501 et seq.), and 107 (§10701 et seq.) of this title. for complete classification of this act to the code, see tables. codification section was formerly classified to section 1973ee 5 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. effective date section applicable with respect to elections taking place after dec. 31, 1985, see section 9 of pub. l. 98 435, set out as a note under section 20101 of this title. §20107. definitions as used in this chapter, the term  (1) "accessible" means accessible to handicapped and elderly individuals for the purpose of voting or registration, as determined under guidelines established by the chief election officer of the state involved; (2) "elderly" means 65 years of age or older; (3) "federal election" means a general, special, primary, or runoff election for the office of president or vice president, or of senator or representative in, or delegate or resident commissioner to, the congress; (4) "handicapped" means having a temporary or permanent physical disability; and (5) "state" means a state of the united states, the district of columbia, the commonwealth of puerto rico, and any territory or possesssion 1 of the united states. (pub. l. 98 435, §8, sept. 28, 1984, 98 stat. 1679.) codification section was formerly classified to section 1973ee 6 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. effective date section applicable with respect to elections taking place after dec. 31, 1985, see section 9 of pub. l. 98 435, set out as a note under section 20101 of this title. 1 so in original. probably should be "possession". chapter 203 registration and voting by absent uniformed services voters and overseas voters in elections for federal office sec. 20301. federal responsibilities. 20302. state responsibilities. 20303. federal write in absentee ballot in general elections for federal office for absent uniformed services voters and overseas voters. 20304. procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters. 20305. federal voting assistance program improvements. 20306. prohibition of refusal of applications on grounds of early submission. 20307. enforcement. 20308. reporting requirements. 20309. effect on certain other laws. 20310. definitions. 20311. technology pilot program. prior provisions provisions similar to this chapter were contained in subchapters i d and i e (1973cc et seq. and 1973dd et seq.) of chapter 20 of title 42 prior to repeal by pub. l. 99 410 and then in subchapter i g (1973ff et seq.) of chapter 20 of title 42 prior to editorial reclassification and renumbering as this chapter. §20301. federal responsibilities (a) presidential designee the president shall designate the head of an executive department to have primary responsibility for federal functions under this chapter. (b) duties of presidential designee the presidential designee shall  (1) consult state and local election officials in carrying out this chapter, and ensure that such officials are aware of the requirements of this act; (2) prescribe an official post card form, containing both an absentee voter registration application and an absentee ballot application, for use by the states as required under section 20302(a)(4) of this title; (3) carry out section 20303 of this title with respect to the federal write in absentee ballot for absent uniformed services voters and overseas voters in general elections for federal office; (4) prescribe a suggested design for absentee ballot mailing envelopes; (5) compile and distribute (a) descriptive material on state absentee registration and voting procedures, and (b) to the extent practicable, facts relating to specific elections, including dates, offices involved, and the text of ballot questions; (6) not later than the end of each year after a presidential election year, transmit to the president and the congress a report on the effectiveness of assistance under this chapter, including a statistical analysis of uniformed services voter participation, a separate statistical analysis of overseas nonmilitary participation, and a description of state federal cooperation; (7) prescribe a standard oath for use with any document under this chapter affirming that a material misstatement of fact in the completion of such a document may constitute grounds for a conviction for perjury; (8) carry out section 20304 of this title with respect to the collection and delivery of marked absentee ballots of absent overseas uniformed services voters in elections for federal office; (9) to the greatest extent practicable, take such actions as may be necessary  (a) to ensure that absent uniformed services voters who cast absentee ballots at locations or facilities under the jurisdiction of the presidential designee are able to do so in a private and independent manner; and (b) to protect the privacy of the contents of absentee ballots cast by absentee uniformed services voters and overseas voters while such ballots are in the possession or control of the presidential designee; (10) carry out section 20305 of this title with respect to federal voting assistance program improvements; and (11) working with the election assistance commission and the chief state election official of each state, develop standards  (a) for states to report data on the number of absentee ballots transmitted and received under section 20302(c) of this title and such other data as the presidential designee determines appropriate; and (b) for the presidential designee to store the data reported. (c) duties of other federal officials (1) in general the head of each government department, agency, or other entity shall, upon request of the presidential designee, distribute balloting materials and otherwise cooperate in carrying out this chapter. (2) administrator of general services as directed by the presidential designee, the administrator of general services shall furnish official post card forms (prescribed under subsection (b)) and federal write in absentee ballots (prescribed under section 20303 of this title). (d) authorization of appropriations for carrying out federal voting assistance program improvements there are authorized to be appropriated to the presidential designee such sums as are necessary for purposes of carrying out subsection (b)(10). (pub. l. 99 410, title i, §101, aug. 28, 1986, 100 stat. 924; pub. l. 105 277, div. g, title xxii, §2219(c), oct. 21, 1998, 112 stat. 2681 817; pub. l. 107 107, div. a, title xvi, §1606(a)(2), dec. 28, 2001, 115 stat. 1279; pub. l. 107 252, title vii, §705(a), (b)(1), (c), oct. 29, 2002, 116 stat. 1724, 1725; pub. l. 108 375, div. a, title v, §566(a), oct. 28, 2004, 118 stat. 1919; pub. l. 111 84, div. a, title v, §§580(b), (e), 583(a)(2), 584(a), 585(b)(1), oct. 28, 2009, 123 stat. 2325, 2328, 2330, 2331; pub. l. 111 383, div. a, title x, §1075(d)(4), (5), jan. 7, 2011, 124 stat. 4372.) references in text this act, referred to in subsec. (b)(1), is pub. l. 99 410, aug. 28, 1986, 100 stat. 924, known as the uniformed and overseas citizens absentee voting act, which is classified principally to this chapter. for complete classification of this act to the code, see tables. codification section was formerly classified to section 1973ff 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. amendments 2011 subsec. (b)(2), (4), (11). pub. l. 111 383, §1075(d)(4), (5), amended pub. l. 111 84, §§584(a), 585(b)(1). see 2009 amendment notes below. 2009 subsec. (b)(2). pub. l. 111 84, §585(b)(1)(a), as added by pub. l. 111 383, §1075(d)(5), substituted "section 1973ff 1(a)(4)" for "section 1973ff 1(4)". subsec. (b)(4). pub. l. 111 84, §585(b)(1)(b), as added by pub. l. 111 383, §1075(d)(5), added par. (4) and struck out former par. (4) which read as follows: "prescribe a suggested design for absentee ballot mailing envelopes for use by the states as recommended in section 1973ff 3 of this title;". subsec. (b)(8). pub. l. 111 84, §580(b), added par. (8). subsec. (b)(9). pub. l. 111 84, §580(e), added par. (9). subsec. (b)(10). pub. l. 111 84, §583(a)(2)(a), added par. (10). subsec. (b)(11). pub. l. 111 84, §584(a), as amended by pub. l. 111 383, §1075(d)(4), added par. (11). subsec. (d). pub. l. 111 84, §583(a)(2)(b), added subsec. (d). 2004 subsec. (b)(3). pub. l. 108 375 substituted "absent uniformed services voters and overseas voters" for "overseas voters". 2002 subsec. (b)(1). pub. l. 107 252, §705(a), inserted ", and ensure that such officials are aware of the requirements of this act" before semicolon at end. subsec. (b)(6). pub. l. 107 252, §705(c), substituted "a separate statistical analysis" for "a general assessment". subsec. (b)(7). pub. l. 107 252, §705(b)(1), added par. (7). 2001 subsec. (b)(2). pub. l. 107 107 substituted "as required under section 1973ff 1(4) of this title" for "as recommended in section 1973ff 3 of this title". 1998 subsec. (b)(6). pub. l. 105 277 substituted "of uniformed services voter participation, a general assessment of overseas nonmilitary participation," for "of voter participation". effective date of 2011 amendment pub. l. 111 383, div. a, title x, §1075(d), jan. 7, 2011, 124 stat. 4372, provided that the amendment by section 1075(d)(4), (5) is effective as of oct. 28, 2009, and as if included in pub. l. 111 84 as enacted. effective date of 2009 amendment pub. l. 111 84, div. a, title v, §580(f), oct. 28, 2009, 123 stat. 2326, provided that: "the amendments made by this section [enacting section 20304 of this title and amending this section and section 20302 of this title] shall apply with respect to the regularly scheduled general election for federal office held in november 2010 and each succeeding election for federal office." pub. l. 111 84, div. a, title v, §583(a)(3), oct. 28, 2009, 123 stat. 2328, provided that: "the amendments made by this subsection [enacting section 20305 of this title and amending this section] shall apply with respect to the regularly scheduled general election for federal office held in november 2010 and each succeeding election for federal office." pub. l. 111 84, div. a, title v, §584(c), oct. 28, 2009, 123 stat. 2331, provided that: "the amendments made by this section [amending this section and section 20302 of this title] shall apply with respect to the regularly scheduled general election for federal office held in november 2010 and each succeeding election for federal office." effective date pub. l. 99 410, title ii, §204, aug. 28, 1986, 100 stat. 930, provided that: "the amendments and repeals made by this act [see tables for classification] shall apply with respect to elections taking place after december 31, 1987." sense of congress regarding the importance of voting pub. l. 107 107, div. a, title xvi, §1601, dec. 28, 2001, 115 stat. 1274, provided that: "(a) sense of congress. it is the sense of congress that each person who is an administrator of a federal, state, or local election  "(1) should be aware of the importance of the ability of each uniformed services voter to exercise the right to vote; and "(2) should perform that person's duties as an election administrator with the intent to ensure that  "(a) each uniformed services voter receives the utmost consideration and cooperation when voting; "(b) each valid ballot cast by such a voter is duly counted; and "(c) all eligible american voters, regardless of race, ethnicity, disability, the language they speak, or the resources of the community in which they live, should have an equal opportunity to cast a vote and to have that vote counted. "(b) uniformed services voter defined. in this section, the term 'uniformed services voter' means  "(1) a member of a uniformed service (as defined in section 101(a)(5) of title 10, united states code) in active service; "(2) a member of the merchant marine (as defined in section 107 of the uniformed and overseas citizens absentee voting act (42 u.s.c. 1973ff 6) [now 52 u.s.c. 20310]); and "(3) a spouse or dependent of a member referred to in paragraph (1) or (2) who is qualified to vote." electronic voting demonstration project pub. l. 107 107, div. a, title xvi, §1604, dec. 28, 2001, 115 stat. 1277, as amended by pub. l. 108 375, div. a, title v, §567, oct. 28, 2004, 118 stat. 1919, which established a demonstration project under which absent uniformed services voters were permitted to vote in the november 2002 general election for federal office through an electronic voting system, was repealed by pub. l. 113 291, div. a, title v, §593, dec. 19, 2014, 128 stat. 3395. governors' reports on implementation of recommendations for changes in state law made under federal voting assistance program pub. l. 107 107, div. a, title xvi, §1605, dec. 28, 2001, 115 stat. 1277, required the chief executive authority of a state to provide an implementation status report to the secretary of defense, acting as the presidential designee, within 90 days of receiving a uniformed services voting assistance legislative recommendation from the secretary of defense and was applicable to any uniformed services voting assistance legislative recommendation transmitted to a state during the three year period beginning on dec. 28, 2001. ex. ord. no. 12642. designation of secretary of defense as presidential designee ex. ord. no. 12642, june 8, 1988, 53 f.r. 21975, provided: by virtue of the authority vested in me as president by the constitution and laws of the united states of america, including section 101(a) of the uniformed and overseas citizens absentee voting act (public law 99 410) ("the act") [52 u.s.c. 20301(a)], it is hereby ordered as follows: section 1. the secretary of defense is hereby designated as the "presidential designee" under title i of the act [52 u.s.c. 20301 et seq.]. sec. 2. in order to effectuate the purposes of the act, the secretary of defense is hereby authorized to delegate any or all of the functions, responsibilities, powers, authority, or discretion devolving upon him in consequence of this order to any person or persons within the department of defense. ronald reagan. §20302. state responsibilities (a) in general each state shall  (1) permit absent uniformed services voters and overseas voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for federal office; (2) accept and process, with respect to any election for federal office, any otherwise valid voter registration application and absentee ballot application from an absent uniformed services voter or overseas voter, if the application is received by the appropriate state election official not less than 30 days before the election; (3) permit absent uniformed services voters and overseas voters to use federal write in absentee ballots (in accordance with section 20303 of this title) in general elections for federal office; (4) use the official post card form (prescribed under section 20301 of this title) for simultaneous voter registration application and absentee ballot application; (5) if the state requires an oath or affirmation to accompany any document under this chapter, use the standard oath prescribed by the presidential designee under section 20301(b)(7) of this title; (6) in addition to any other method of registering to vote or applying for an absentee ballot in the state, establish procedures  (a) for absent uniformed services voters and overseas voters to request by mail and electronically voter registration applications and absentee ballot applications with respect to general, special, primary, and runoff elections for federal office in accordance with subsection (e); (b) for states to send by mail and electronically (in accordance with the preferred method of transmission designated by the absent uniformed services voter or overseas voter under subparagraph (c)) voter registration applications and absentee ballot applications requested under subparagraph (a) in accordance with subsection (e); and (c) by which the absent uniformed services voter or overseas voter can designate whether the voter prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; (7) in addition to any other method of transmitting blank absentee ballots in the state, establish procedures for transmitting by mail and electronically blank absentee ballots to absent uniformed services voters and overseas voters with respect to general, special, primary, and runoff elections for federal office in accordance with subsection (f); (8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter  (a) except as provided in subsection (g), in the case in which the request is received at least 45 days before an election for federal office, not later than 45 days before the election; and (b) in the case in which the request is received less than 45 days before an election for federal office  (i) in accordance with state law; and (ii) if practicable and as determined appropriate by the state, in a manner that expedites the transmission of such absentee ballot; (9) if the state declares or otherwise holds a runoff election for federal office, establish a written plan that provides absentee ballots are made available to absent uniformed services voters and overseas voters in manner 1 that gives them sufficient time to vote in the runoff election; (10) carry out section 20304(b)(1) of this title with respect to the processing and acceptance of marked absentee ballots of absent overseas uniformed services voters; and (11) report data on the number of absentee ballots transmitted and received under subsection (c) and such other data as the presidential designee determines appropriate in accordance with the standards developed by the presidential designee under section 20301(b)(11) of this title. (b) designation of single state office to provide information on registration and absentee ballot procedures for all voters in state (1) in general each state shall designate a single office which shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed services voters and overseas voters with respect to elections for federal office (including procedures relating to the use of the federal write in absentee ballot) to all absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the state. (2) recommendation regarding use of office to accept and process materials congress recommends that the state office designated under paragraph (1) be responsible for carrying out the state's duties under this act, including accepting valid voter registration applications, absentee ballot applications, and absentee ballots (including federal write in absentee ballots) from all absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the state. (c) report on number of absentee ballots transmitted and received not later than 90 days after the date of each regularly scheduled general election for federal office, each state and unit of local government which administered the election shall (through the state, in the case of a unit of local government) submit a report to the election assistance commission (established under the help america vote act of 2002 [52 u.s.c. 20901 et seq.]) on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such report available to the general public. (d) registration notification with respect to each absent uniformed services voter and each overseas voter who submits a voter registration application or an absentee ballot request, if the state rejects the application or request, the state shall provide the voter with the reasons for the rejection. (e) designation of means of electronic communication for absent uniformed services voters and overseas voters to request and for states to send voter registration applications and absentee ballot applications, and for other purposes related to voting information (1) in general each state shall, in addition to the designation of a single state office under subsection (b), designate not less than 1 means of electronic communication  (a) for use by absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the state to request voter registration applications and absentee ballot applications under subsection (a)(6); (b) for use by states to send voter registration applications and absentee ballot applications requested under such subsection; and (c) for the purpose of providing related voting, balloting, and election information to absent uniformed services voters and overseas voters. (2) clarification regarding provision of multiple means of electronic communication a state may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to absent uniformed services voters and overseas voters, including a means of electronic communication for the appropriate jurisdiction of the state. (3) inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials each state shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the state to absent uniformed services voters and overseas voters. (4) availability and maintenance of online repository of state contact information the federal voting assistance program of the department of defense shall maintain and make available to the public an online repository of state contact information with respect to elections for federal office, including the single state office designated under subsection (b) and the means of electronic communication designated under paragraph (1), to be used by absent uniformed services voters and overseas voters as a resource to send voter registration applications and absentee ballot applications to the appropriate jurisdiction in the state. (5) transmission if no preference indicated in the case where an absent uniformed services voter or overseas voter does not designate a preference under subsection (a)(6)(c), the state shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable state law, or if there is no applicable state law, by mail. (6) security and privacy protections (a) security protections to the extent practicable, states shall ensure that the procedures established under subsection (a)(6) protect the security and integrity of the voter registration and absentee ballot application request processes. (b) privacy protections to the extent practicable, the procedures established under subsection (a)(6) shall ensure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter who requests or is sent a voter registration application or absentee ballot application under such subsection is protected throughout the process of making such request or being sent such application. (f) transmission of blank absentee ballots by mail and electronically (1) in general each state shall establish procedures  (a) to transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the absent uniformed services voter or overseas voter under subparagraph (b)) to absent uniformed services voters and overseas voters for an election for federal office; and (b) by which the absent uniformed services voter or overseas voter can designate whether the voter prefers that such blank absentee ballot be transmitted by mail or electronically. (2) transmission if no preference indicated in the case where an absent uniformed services voter or overseas voter does not designate a preference under paragraph (1)(b), the state shall transmit the ballot by any delivery method allowable in accordance with applicable state law, or if there is no applicable state law, by mail. (3) security and privacy protections (a) security protections to the extent practicable, states shall ensure that the procedures established under subsection (a)(7) protect the security and integrity of absentee ballots. (b) privacy protections to the extent practicable, the procedures established under subsection (a)(7) shall ensure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter to whom a blank absentee ballot is transmitted under such subsection is protected throughout the process of such transmission. (g) hardship exemption (1) in general if the chief state election official determines that the state is unable to meet the requirement under subsection (a)(8)(a) with respect to an election for federal office due to an undue hardship described in paragraph (2)(b), the chief state election official shall request that the presidential designee grant a waiver to the state of the application of such subsection. such request shall include  (a) a recognition that the purpose of such subsection is to allow absent uniformed services voters and overseas voters enough time to vote in an election for federal office; (b) an explanation of the hardship that indicates why the state is unable to transmit absent uniformed services voters and overseas voters an absentee ballot in accordance with such subsection; (c) the number of days prior to the election for federal office that the state requires absentee ballots be transmitted to absent uniformed services voters and overseas voters; and (d) a comprehensive plan to ensure that absent uniformed services voters and overseas voters are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate state election official in time to have that ballot counted in the election for federal office, which includes  (i) the steps the state will undertake to ensure that absent uniformed services voters and overseas voters have time to receive, mark, and submit their ballots in time to have those ballots counted in the election; (ii) why the plan provides absent uniformed services voters and overseas voters sufficient time to vote as a substitute for the requirements under such subsection; and (iii) the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements. (2) approval of waiver request after consulting with the attorney general, the presidential designee shall approve a waiver request under paragraph (1) if the presidential designee determines each of the following requirements are met: (a) the comprehensive plan under subparagraph (d) of such paragraph provides absent uniformed services voters and overseas voters sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate state election official in time to have that ballot counted in the election for federal office. (b) one or more of the following issues creates an undue hardship for the state: (i) the state's primary election date prohibits the state from complying with subsection (a)(8)(a). (ii) the state has suffered a delay in generating ballots due to a legal contest. (iii) the state constitution prohibits the state from complying with such subsection. (3) timing of waiver (a) in general except as provided under subparagraph (b), a state that requests a waiver under paragraph (1) shall submit to the presidential designee the written waiver request not later than 90 days before the election for federal office with respect to which the request is submitted. the presidential designee shall approve or deny the waiver request not later than 65 days before such election. (b) exception if a state requests a waiver under paragraph (1) as the result of an undue hardship described in paragraph (2)(b)(ii), the state shall submit to the presidential designee the written waiver request as soon as practicable. the presidential designee shall approve or deny the waiver request not later than 5 business days after the date on which the request is received. (4) application of waiver a waiver approved under paragraph (2) shall only apply with respect to the election for federal office for which the request was submitted. for each subsequent election for federal office, the presidential designee shall only approve a waiver if the state has submitted a request under paragraph (1) with respect to such election. (h) tracking marked ballots the chief state election official, in coordination with local election jurisdictions, shall develop a free access system by which an absent uniformed services voter or overseas voter may determine whether the absentee ballot of the absent uniformed services voter or overseas voter has been received by the appropriate state election official. (i) prohibiting refusal to accept applications for failure to meet certain requirements a state shall not refuse to accept and process any otherwise valid voter registration application or absentee ballot application (including the official post card form prescribed under section 20301 of this title) or marked absentee ballot submitted in any manner by an absent uniformed services voter or overseas voter solely on the basis of the following: (1) notarization requirements. (2) restrictions on paper type, including weight and size. (3) restrictions on envelope type, including weight and size. (pub. l. 99 410, title i, §102, aug. 28, 1986, 100 stat. 925; pub. l. 107 107, div. a, title xvi, §1606(a)(1), dec. 28, 2001, 115 stat. 1278; pub. l. 107 252, title vii, §§702, 703(a), 705(b)(2), 707, oct. 29, 2002, 116 stat. 1723 1725; pub. l. 108 375, div. a, title v, §566(b), oct. 28, 2004, 118 stat. 1919; pub. l. 111 84, div. a, title v, §§577(a), 578(a), 579(a), (b), 580(c), (d), 582(a), 584(b), oct. 28, 2009, 123 stat. 2319, 2321 2323, 2325, 2327, 2330.) references in text this act, referred to in subsec. (b)(2), is pub. l. 99 410, aug. 28, 1986, 100 stat. 924, known as the uniformed and overseas citizens absentee voting act, which is classified principally to this chapter. for complete classification of this act to the code, see tables. the help america vote act of 2002, referred to in subsec. (c), is pub. l. 107 252, oct. 29, 2002, 116 stat. 1666, which is classified principally to chapter 209 (§20901 et seq.) of this title. for complete classification of this act to the code, see tables. codification section was formerly classified to section 1973ff 1 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. pub. l. 111 84, §§577(a)(1), 578(a)(1), 579(a)(1), (b), 580(c), and 584(b), added pars. (6) to (11), respectively, to subsec. (a) of this section. in making the addition of par. (9) to subsec. (a), section 579(b)(1) of pub. l. 111 84 directed the striking out of "and" at the end of par. (7), which could not be executed because the word "and" did not appear at the end. amendments 2009 subsec. (a)(6). pub. l. 111 84, §577(a)(1), added par. (6). subsec. (a)(7). pub. l. 111 84, §578(a)(1), added par. (7). subsec. (a)(8). pub. l. 111 84, §579(a)(1), added par. (8). subsec. (a)(9). pub. l. 111 84, §579(b), added par. (9). see codification note above. subsec. (a)(10). pub. l. 111 84, §580(c), added par. (10). subsec. (a)(11). pub. l. 111 84, §584(b), added par. (11). subsec. (e). pub. l. 111 84, §577(a)(2), added subsec. (e). subsec. (f). pub. l. 111 84, §578(a)(2), added subsec. (f). subsec. (g). pub. l. 111 84, §579(a)(2), added subsec. (g). subsec. (h). pub. l. 111 84, §580(d), added subsec. (h). subsec. (i). pub. l. 111 84, §582(a), added subsec. (i). 2004 subsec. (a)(3). pub. l. 108 375 substituted "absent uniformed services voters and overseas voters" for "overseas voters". 2002 pub. l. 107 252, §702, designated existing provisions as subsec. (a) and added subsec. (b). subsec. (a)(5). pub. l. 107 252, §705(b)(2), added par. (5). subsec. (c). pub. l. 107 252, §703(a), added subsec. (c). subsec. (d). pub. l. 107 252, §707, added subsec. (d). 2001 par. (2). pub. l. 107 107, §1606(a)(1)(a), struck out "general, special, primary, or runoff" before "election for federal office" and "and" after semicolon at end and inserted "and absentee ballot application" after "voter registration application". par. (4). pub. l. 107 107, §1606(a)(1)(b), (c), added par. (4). effective date of 2009 amendment pub. l. 111 84, div. a, title v, §577(b), oct. 28, 2009, 123 stat. 2320, provided that: "the amendments made by this section [amending this section] shall apply with respect to the regularly scheduled general election for federal office held in november 2010 and each succeeding election for federal office." pub. l. 111 84, div. a, title v, §578(b), oct. 28, 2009, 123 stat. 2321, provided that: "the amendments made by this section [amending this section] shall apply with respect to the regularly scheduled general election for federal office held in november 2010 and each succeeding election for federal office." pub. l. 111 84, div. a, title v, §579(c), oct. 28, 2009, 123 stat. 2324, provided that: "the amendments made by this section [amending this section] shall apply with respect to the regularly scheduled general election for federal office held in november 2010 and each succeeding election for federal office." amendment by section 580(c), (d) of pub. l. 111 84 applicable with respect to the regularly scheduled general election for federal office held in november 2010 and each succeeding election for federal office, see section 580(f) of pub. l. 111 84, set out as a note under section 20301 of this title. pub. l. 111 84, div. a, title v, §582(c), oct. 28, 2009, 123 stat. 2327, provided that: "the amendments made by this section [amending this section and section 20303 of this title] shall apply with respect to the regularly scheduled general election for federal office held in november 2010 and each succeeding election for federal office." amendment by section 584(b) of pub. l. 111 84 applicable with respect to the regularly scheduled general election for federal office held in november 2010 and each succeeding election for federal office, see section 584(c) of pub. l. 111 84, set out as a note under section 20301 of this title. clarification regarding delegation of state responsibilities to local jurisdictions pub. l. 111 84, div. a, title v, §576, oct. 28, 2009, 123 stat. 2319, provided that: "nothing in the uniformed and overseas citizens absentee voting act (52 u.s.c. 20301 et seq.) may be construed to prohibit a state from delegating its responsibilities in carrying out the requirements of such act, including any requirements imposed as a result of the provisions of and amendments made by this act [probably means subtitle h (§§575 589) of title v of div. a of pub. l. 111 84, see tables for classification], to jurisdictions in the state." development of standardized format for reports pub. l. 107 252, title vii, §703(b), oct. 29, 2002, 116 stat. 1724, provided that: "the election assistance commission, working with the election assistance commission board of advisors and the election assistance commission standards board, shall develop a standardized format for the reports submitted by states and units of local government under section 102(c) of the uniformed and overseas citizens absentee voting act [52 u.s.c. 20302(c)] (as added by subsection (a)), and shall make the format available to the states and units of local government submitting such reports." 1 so in original. probably should be "in a manner". §20303. federal write in absentee ballot in general elections for federal office for absent uniformed services voters and overseas voters (a) in general (1) federal write in absentee ballot the presidential designee shall prescribe a federal write in absentee ballot (including a secrecy envelope and mailing envelope for such ballot) for use in general, special, primary, and runoff elections for federal office by absent uniformed services voters and overseas voters who make timely application for, and do not receive, states,1 absentee ballots. (2) promotion and expansion of use of federal write in absentee ballots (a) in general not later than december 31, 2011, the presidential designee shall adopt procedures to promote and expand the use of the federal write in absentee ballot as a back up measure to vote in elections for federal office. (b) use of technology under such procedures, the presidential designee shall utilize technology to implement a system under which the absent uniformed services voter or overseas voter may  (i) enter the address of the voter or other information relevant in the appropriate jurisdiction of the state, and the system will generate a list of all candidates in the election for federal office in that jurisdiction; and (ii) submit the marked federal write in absentee ballot by printing the ballot (including complete instructions for submitting the marked federal write in absentee ballot to the appropriate state election official and the mailing address of the single state office designated under section 20302(b) of this title). (c) authorization of appropriations there are authorized to be appropriated to the presidential designee such sums as may be necessary to carry out this paragraph. (b) submission and processing except as otherwise provided in this chapter, a federal write in absentee ballot shall be submitted and processed in the manner provided by law for absentee ballots in the state involved. a federal write in absentee ballot of an absent uniformed services voter or overseas voter shall not be counted  (1) in the case of a ballot submitted by an overseas voter who is not an absent uniformed services voter, if the ballot is submitted from any location in the united states; (2) if the application of the absent uniformed services voter or overseas voter for a state absentee ballot is received by the appropriate state election official after the later of  (a) the deadline of the state for receipt of such application; or (b) the date that is 30 days before the general election; or (3) if a state absentee ballot of the absent uniformed services voter or overseas voter is received by the appropriate state election official not later than the deadline for receipt of the state absentee ballot under state law. (c) special rules the following rules shall apply with respect to federal write in absentee ballots: (1) in completing the ballot, the absent uniformed services voter or overseas voter may designate a candidate by writing in the name of the candidate or by writing in the name of a political party (in which case the ballot shall be counted for the candidate of that political party). (2) in the case of the offices of president and vice president, a vote for a named candidate or a vote by writing in the name of a political party shall be counted as a vote for the electors supporting the candidate involved. (3) any abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be disregarded in determining the validity of the ballot, if the intention of the voter can be ascertained. (d) second ballot submission; instruction to absent uniformed services voter or overseas voter an absent uniformed services voter or overseas voter who submits a federal write in absentee ballot and later receives a state absentee ballot, may submit the state absentee ballot. the presidential designee shall assure that the instructions for each federal write in absentee ballot clearly state that an absent uniformed services voter or overseas voter who submits a federal write in absentee ballot and later receives and submits a state absentee ballot should make every reasonable effort to inform the appropriate state election official that the voter has submitted more than one ballot. (e) use of approved state absentee ballot in place of federal write in absentee ballot the federal write in absentee ballot shall not be valid for use in a general, special, primary, or runoff election for federal office if the state involved provides a state absentee ballot that  (1) at the request of the state, is approved by the presidential designee for use in place of the federal write in absentee ballot; and (2) is made available to absent uniformed services voters and overseas voters at least 60 days before the deadline for receipt of the state ballot under state law. (f) prohibiting refusal to accept ballot for failure to meet certain requirements a state shall not refuse to accept and process any otherwise valid federal write in absentee ballot submitted in any manner by an absent uniformed services voter or overseas voter solely on the basis of the following: (1) notarization requirements. (2) restrictions on paper type, including weight and size. (3) restrictions on envelope type, including weight and size. (g) certain states exempted a state is not required to permit use of the federal write in absentee ballot, if, on and after august 28, 1986, the state has in effect a law providing that  (1) a state absentee ballot is required to be available to any voter described in section 20310(5)(a) of this title at least 90 days before the general, special, primary, or runoff election for federal office involved; and (2) a state absentee ballot is required to be available to any voter described in section 20310(5)(b) or (c) of this title, as soon as the official list of candidates in the general, special, primary, or runoff election for federal office is complete. (pub. l. 99 410, title i, §103, aug. 28, 1986, 100 stat. 925; pub. l. 108 375, div. a, title v, §566(c), (d), oct. 28, 2004, 118 stat. 1919; pub. l. 111 84, div. a, title v, §§581(a)(1), (b), 582(b), oct. 28, 2009, 123 stat. 2326, 2327; pub. l. 111 383, div. a, title x, §1075(d)(3), jan. 7, 2011, 124 stat. 4372.) codification section was formerly classified to section 1973ff 2 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 2011 subsec. (g). pub. l. 111 383 amended pub. l. 111 84, §581(a)(1)(c). see 2009 amendment note below. 2009 subsec. (a). pub. l. 111 84, §581(b), substituted "in general" for "in general" in subsec. (a) heading, designated existing provisions as par. (1), inserted par. (1) heading, and added par. (2). pub. l. 111 84, §581(a)(1)(a), substituted "general, special, primary, and runoff elections for federal office" for "general elections for federal office". subsec. (e). pub. l. 111 84, §581(a)(1)(b), substituted "a general, special, primary, or runoff election for federal office" for "a general election" in introductory provisions. subsec. (f). pub. l. 111 84, §582(b)(2), added subsec. (f). former subsec. (f) redesignated (g). subsec. (g). pub. l. 111 84, §582(b)(1), redesignated subsec. (f) as (g). pub. l. 111 84, §581(a)(1)(c), as amended by pub. l. 111 383, substituted "the general, special, primary, or runoff election for federal office" for "the general election" in pars. (1) and (2). 2004 pub. l. 108 375, §566(d)(1), substituted "federal write in absentee ballot in general elections for federal office for absent uniformed services voters and overseas voters" for "federal write in absentee ballot for overseas voters in general elections for federal office" in section catchline. subsec. (a). pub. l. 108 375, §566(c)(1), substituted "absent uniformed services voters and overseas voters" for "overseas voters". subsec. (b). pub. l. 108 375, §566(c)(2), inserted second sentence and struck out former second sentence which read as follows: "a federal write in absentee ballot of an overseas voter shall not be counted  "(1) if the ballot is submitted from any location in the united states; "(2) if the application of the overseas voter for a state absentee ballot is received by the appropriate state election official less than 30 days before the general election; or "(3) if a state absentee ballot of the overseas voter is received by the appropriate state election official not later than the deadline for receipt of the state absentee ballot under state law." subsec. (c)(1). pub. l. 108 375, §566(c)(3), substituted "absent uniformed services voter or overseas voter" for "overseas voter". subsec. (d). pub. l. 108 375, §566(c)(4), (d)(2), substituted "absent uniformed services voter or overseas voter" for "overseas voter" in heading and two places in text. subsec. (e)(2). pub. l. 108 375, §566(c)(5), substituted "absent uniformed services voters and overseas voters" for "overseas voters". effective date of 2011 amendment pub. l. 111 383, div. a, title x, §1075(d), jan. 7, 2011, 124 stat. 4372, provided that the amendment by section 1075(d)(3) is effective as of oct. 28, 2009, and as if included in pub. l. 111 84 as enacted. effective date of 2009 amendment pub. l. 111 84, div. a, title v, §581(a)(2), oct. 28, 2009, 123 stat. 2326, provided that: "the amendments made by this subsection [amending this section] shall take effect on december 31, 2010, and apply with respect to elections for federal office held on or after such date." amendment by section 582(b) of pub. l. 111 84 applicable with respect to the regularly scheduled general election for federal office held in november 2010 and each succeeding election for federal office, see section 582(c) of pub. l. 111 84, set out as a note under section 20302 of this title. 1 so in original. probably should be "states' ". §20304. procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters (a) establishment of procedures the presidential designee shall establish procedures for collecting marked absentee ballots of absent overseas uniformed services voters in regularly scheduled general elections for federal office, including absentee ballots prepared by states and the federal write in absentee ballot prescribed under section 20303 of this title, and for delivering such marked absentee ballots to the appropriate election officials. (b) delivery to appropriate election officials (1) in general under the procedures established under this section, the presidential designee shall implement procedures that facilitate the delivery of marked absentee ballots of absent overseas uniformed services voters for regularly scheduled general elections for federal office to the appropriate election officials, in accordance with this section, not later than the date by which an absentee ballot must be received in order to be counted in the election. (2) cooperation and coordination with the united states postal service the presidential designee shall carry out this section in cooperation and coordination with the united states postal service, and shall provide expedited mail delivery service for all such marked absentee ballots of absent uniformed services voters that are collected on or before the deadline described in paragraph (3) and then transferred to the united states postal service. (3) deadline described (a) in general except as provided in subparagraph (b), the deadline described in this paragraph is noon (in the location in which the ballot is collected) on the seventh day preceding the date of the regularly scheduled general election for federal office. (b) authority to establish alternative deadline for certain locations if the presidential designee determines that the deadline described in subparagraph (a) is not sufficient to ensure timely delivery of the ballot under paragraph (1) with respect to a particular location because of remoteness or other factors, the presidential designee may establish as an alternative deadline for that location the latest date occurring prior to the deadline described in subparagraph (a) which is sufficient to provide timely delivery of the ballot under paragraph (1). (4) no postage requirement in accordance with section 3406 of title 39, such marked absentee ballots and other balloting materials shall be carried free of postage. (5) date of mailing such marked absentee ballots shall be postmarked with a record of the date on which the ballot is mailed. (c) outreach for absent overseas uniformed services voters on procedures the presidential designee shall take appropriate actions to inform individuals who are anticipated to be absent overseas uniformed services voters in a regularly scheduled general election for federal office to which this section applies of the procedures for the collection and delivery of marked absentee ballots established pursuant to this section, including the manner in which such voters may utilize such procedures for the submittal of marked absentee ballots pursuant to this section. (d) absent overseas uniformed services voter defined in this section, the term "absent overseas uniformed services voter" means an overseas voter described in section 20310(5)(a) of this title. (e) authorization of appropriations there are authorized to be appropriated to the presidential designee such sums as may be necessary to carry out this section. (pub. l. 99 410, title i, §103a, as added pub. l. 111 84, div. a, title v, §580(a), oct. 28, 2009, 123 stat. 2324.) codification section was formerly classified to section 1973ff 2a of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. effective date section applicable with respect to the regularly scheduled general election for federal office held in november 2010 and each succeeding election for federal office, see section 580(f) of pub. l. 111 84, set out as an effective date of 2009 amendment note under section 20301 of this title. §20305. federal voting assistance program improvements (a) duties the presidential designee shall carry out the following duties: (1) develop online portals of information to inform absent uniformed services voters regarding voter registration procedures and absentee ballot procedures to be used by such voters with respect to elections for federal office. (2) establish a program to notify absent uniformed services voters of voter registration information and resources, the availability of the federal postcard application, and the availability of the federal write in absentee ballot on the military global network, and shall use the military global network to notify absent uniformed services voters of the foregoing 90, 60, and 30 days prior to each election for federal office. (b) clarification regarding other duties and obligations nothing in this section shall relieve the presidential designee of their duties and obligations under any directives or regulations issued by the department of defense, including the department of defense directive 1000.04 (or any successor directive or regulation) that is not inconsistent or contradictory to the provisions of this section. (c) authorization of appropriations there are authorized to be appropriated to the federal voting assistance program of the department of defense (or a successor program) such sums as are necessary for purposes of carrying out this section. (pub. l. 99 410, title i, §103b, as added pub. l. 111 84, div. a, title v, §583(a)(1), oct. 28, 2009, 123 stat. 2327.) codification section was formerly classified to section 1973ff 2b of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. effective date section applicable with respect to the regularly scheduled general election for federal office held in november 2010 and each succeeding election for federal office, see section 583(a)(3) of pub. l. 111 84, set out as an effective date of 2009 amendment note under section 20301 of this title. §20306. prohibition of refusal of applications on grounds of early submission a state may not refuse to accept or process, with respect to any election for federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 20301 of this title) submitted by an absent uniformed services voter during a year on the grounds that the voter submitted the application before the first date on which the state otherwise accepts or processes such applications for that year submitted by absentee voters who are not members of the uniformed services. (pub. l. 99 410, title i, §104, aug. 28, 1986, 100 stat. 926; pub. l. 107 107, div. a, title xvi, §1606(b), dec. 28, 2001, 115 stat. 1279; pub. l. 107 252, title vii, §§704, 706(a), oct. 29, 2002, 116 stat. 1724, 1725; pub. l. 111 84, div. a, title v, §585(a), (b)(2), oct. 28, 2009, 123 stat. 2331.) codification section was formerly classified to section 1973ff 3 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 2009 pub. l. 111 84 substituted "prohibition of refusal of applications on grounds of early submission" for "use of single application for all subsequent elections" in section catchline, struck out subsecs. (a) to (d) which related, respectively, to provision of absentee ballot in subsequent elections after acceptance and processing of an official post card form, exception for voters changing registration, revision of official post card form, and construction of provisions with voter removal programs, and struck out subsec. (e) designation and heading before "a state". 2002 subsec. (a). pub. l. 107 252, §704, substituted "through the next 2 regularly scheduled general elections for federal office (including any runoff elections which may occur as a result of the outcome of such general elections), the state shall provide an absentee ballot to the voter for each such subsequent election" for "during that year, the state shall provide an absentee ballot to the voter for each subsequent election for federal office held in the state during that year". subsec. (e). pub. l. 107 252, §706(a), added subsec. (e). 2001 pub. l. 107 107 amended section catchline and text generally, substituting provisions relating to use of single application for all subsequent elections for provisions relating to recommendations to states to maximize access to polls by absent uniformed services voters and overseas voters. effective date of 2002 amendment pub. l. 107 252, title vii, §706(b), oct. 29, 2002, 116 stat. 1725, provided that: "the amendment made by subsection (a) [amending this section] shall apply with respect to elections for federal office that occur after january 1, 2004." §20307. enforcement (a) in general the attorney general may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this chapter. (b) report to congress not later than december 31 of each year, the attorney general shall submit to congress an annual report on any civil action brought under subsection (a) during the preceding year. (pub. l. 99 410, title i, §105, aug. 28, 1986, 100 stat. 927; pub. l. 111 84, div. a, title v, §587, oct. 28, 2009, 123 stat. 2333.) codification section was formerly classified to section 1973ff 4 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 2009 pub. l. 111 84 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). §20308. reporting requirements (a) report on status of implementation and assessment of programs not later than 180 days after october 28, 2009, the presidential designee shall submit to the relevant committees of congress a report containing the following information: (1) the status of the implementation of the procedures established for the collection and delivery of marked absentee ballots of absent overseas uniformed services voters under section 20304 of this title, and a detailed description of the specific steps taken towards such implementation for the regularly scheduled general election for federal office held in november 2010. (2) an assessment of the effectiveness of the voting assistance officer program of the department of defense, which shall include the following: (a) a thorough and complete assessment of whether the program, as configured and implemented as of october 28, 2009, is effectively assisting absent uniformed services voters in exercising their right to vote. (b) an inventory and explanation of any areas of voter assistance in which the program has failed to accomplish its stated objectives and effectively assist absent uniformed services voters in exercising their right to vote. (c) as necessary, a detailed plan for the implementation of any new program to replace or supplement voter assistance activities required to be performed under this act. (3) a detailed description of the specific steps taken towards the implementation of voter registration assistance for absent uniformed services voters under section 1566a of title 10. (b) annual report on effectiveness of activities and utilization of certain procedures not later than march 31 of each year, the presidential designee shall transmit to the president and to the relevant committees of congress a report containing the following information: (1) an assessment of the effectiveness of activities carried out under section 20305 of this title, including the activities and actions of the federal voting assistance program of the department of defense, a separate assessment of voter registration and participation by absent uniformed services voters, a separate assessment of voter registration and participation by overseas voters who are not members of the uniformed services, and a description of the cooperation between states and the federal government in carrying out such section. (2) a description of the utilization of voter registration assistance under section 1566a of title 10, which shall include the following: (a) a description of the specific programs implemented by each military department of the armed forces pursuant to such section. (b) the number of absent uniformed services voters who utilized voter registration assistance provided under such section. (3) in the case of a report submitted under this subsection in the year following a year in which a regularly scheduled general election for federal office is held, a description of the utilization of the procedures for the collection and delivery of marked absentee ballots established pursuant to section 20304 of this title, which shall include the number of marked absentee ballots collected and delivered under such procedures and the number of such ballots which were not delivered by the time of the closing of the polls on the date of the election (and the reasons such ballots were not so delivered). (c) definitions in this section: (1) absent overseas uniformed services voter the term "absent overseas uniformed services voter" has the meaning given such term in section 20304(d) of this title. (2) presidential designee the term "presidential designee" means the presidential designee under section 20301(a) of this title. (3) relevant committees of congress defined the term "relevant committees of congress" means  (a) the committees on appropriations, armed services, and rules and administration of the senate; and (b) the committees on appropriations, armed services, and house administration of the house of representatives. (pub. l. 99 410, title i, §105a, as added pub. l. 111 84, div. a, title v, §586, oct. 28, 2009, 123 stat. 2331.) references in text this act, referred to in subsec. (a)(2)(c), is pub. l. 99 410, aug. 28, 1986, 100 stat. 924, known as the uniformed and overseas citizens absentee voting act, which is classified principally to this chapter. for complete classification of this act to the code, see tables. codification section was formerly classified to section 1973ff 4a of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. termination of reporting requirements for termination, effective dec. 31, 2021, of provisions in subsec. (b) of this section requiring submittal of annual report to congress, see section 1061 of pub. l. 114 328, set out as a note under section 111 of title 10, armed forces. §20309. effect on certain other laws the exercise of any right under this chapter shall not affect, for purposes of any federal, state, or local tax, the residence or domicile of a person exercising such right. (pub. l. 99 410, title i, §106, aug. 28, 1986, 100 stat. 927.) codification section was formerly classified to section 1973ff 5 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20310. definitions as used in this chapter, the term  (1) "absent uniformed services voter" means  (a) a member of a uniformed service on active duty who, by reason of such active duty, is absent from the place of residence where the member is otherwise qualified to vote; (b) a member of the merchant marine who, by reason of service in the merchant marine, is absent from the place of residence where the member is otherwise qualified to vote; and (c) a spouse or dependent of a member referred to in subparagraph (a) or (b) who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote; (2) "balloting materials" means official post card forms (prescribed under section 20301 of this title), federal write in absentee ballots (prescribed under section 20303 of this title), and any state balloting materials that, as determined by the presidential designee, are essential to the carrying out of this chapter; (3) "federal office" means the office of president or vice president, or of senator or representative in, or delegate or resident commissioner to, the congress; (4) "member of the merchant marine" means an individual (other than a member of a uniformed service or an individual employed, enrolled, or maintained on the great lakes or the inland waterways)  (a) employed as an officer or crew member of a vessel documented under the laws of the united states, or a vessel owned by the united states, or a vessel of foreign flag registry under charter to or control of the united states; or (b) enrolled with the united states for employment or training for employment, or maintained by the united states for emergency relief service, as an officer or crew member of any such vessel; (5) "overseas voter" means  (a) an absent uniformed services voter who, by reason of active duty or service is absent from the united states on the date of the election involved; (b) a person who resides outside the united states and is qualified to vote in the last place in which the person was domiciled before leaving the united states; or (c) a person who resides outside the united states and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the united states. (6) "state" means a state of the united states, the district of columbia, the commonwealth of puerto rico, guam, the virgin islands, and american samoa; (7) "uniformed services" means the army, navy, air force, marine corps, and coast guard, the commissioned corps of the public health service, and the commissioned corps of the national oceanic and atmospheric administration; and (8) "united states", where used in the territorial sense, means the several states, the district of columbia, the commonwealth of puerto rico, guam, the virgin islands, and american samoa. (pub. l. 99 410, title i, §107, aug. 28, 1986, 100 stat. 927.) codification section was formerly classified to section 1973ff 6 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. transfer of functions for transfer of authorities, functions, personnel, and assets of the coast guard, including the authorities and functions of the secretary of transportation relating thereto, to the department of homeland security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of title 6, domestic security, and the department of homeland security reorganization plan of november 25, 2002, as modified, set out as a note under section 542 of title 6. §20311. technology pilot program (a) definitions in this section: (1) absent uniformed services voter the term "absent uniformed services voter" has the meaning given such term in section 107(1) of the uniformed and overseas citizens absentee voting act (42 u.s.c. 1973ff 6(1)) [now 52 u.s.c. 20310(1)]. (2) overseas voter the term "overseas voter" has the meaning given such term in section 107(5) of such act [52 u.s.c. 20310(5)]. (3) presidential designee the term "presidential designee" means the individual designated under section 101(a) of such act [52 u.s.c. 20301(a)]. (b) establishment (1) in general the presidential designee may establish 1 or more pilot programs under which the feasibility of new election technology is tested for the benefit of absent uniformed services voters and overseas voters claiming rights under the uniformed and overseas citizens absentee voting act (42 u.s.c. 1973ff et seq.) [now 52 u.s.c. 20301 et seq.]. (2) design and conduct the design and conduct of a pilot program established under this subsection  (a) shall be at the discretion of the presidential designee; and (b) shall not conflict with or substitute for existing laws, regulations, or procedures with respect to the participation of absent uniformed services voters and military voters in elections for federal office. (c) considerations in conducting a pilot program established under subsection (b), the presidential designee may consider the following issues: (1) the transmission of electronic voting material across military networks. (2) virtual private networks, cryptographic voting systems, centrally controlled voting stations, and other information security techniques. (3) the transmission of ballot representations and scanned pictures in a secure manner. (4) capturing, retaining, and comparing electronic and physical ballot representations. (5) utilization of voting stations at military bases. (6) document delivery and upload systems. (7) the functional effectiveness of the application or adoption of the pilot program to operational environments, taking into account environmental and logistical obstacles and state procedures. (d) reports the presidential designee shall submit to congress reports on the progress and outcomes of any pilot program conducted under this subsection, together with recommendations  (1) for the conduct of additional pilot programs under this section; and (2) for such legislation and administrative action as the presidential designee determines appropriate. (e) technical assistance (1) in general the election assistance commission and the national institute of standards and technology shall provide the presidential designee with best practices or standards in accordance with electronic absentee voting guidelines established under the first sentence of section 1604(a)(2) of the national defense authorization act for fiscal year 2002 (public law 107 107; 115 stat. 1277; 42 u.s.c. 1973ff note [now 52 u.s.c. 20301 note]), as amended by section 567 of the ronald w. reagan national defense authorization act for fiscal year 2005 (public law 108 375; 118 stat. 1919) to support the pilot program or programs. (2) report in the case in which the election assistance commission has not established electronic absentee voting guidelines under such section 1604(a)(2), as so amended, by not later than 180 days after october 28, 2009, the election assistance commission shall submit to the relevant committees of congress a report containing the following information: (a) the reasons such guidelines have not been established as of such date. (b) a detailed timeline for the establishment of such guidelines. (c) a detailed explanation of the commission's actions in establishing such guidelines since october 28, 2004. (3) relevant committees of congress defined in this subsection, the term "relevant committees of congress" means  (a) the committees on appropriations, armed services, and rules and administration of the senate; and (b) the committees on appropriations, armed services, and house administration of the house of representatives. (f) authorization of appropriations there are authorized to be appropriated such sums as are necessary to carry out this section. (pub. l. 111 84, div. a, title v, §589, oct. 28, 2009, 123 stat. 2334; pub. l. 111 383, div. a, title x, §1075(d)(6), jan. 7, 2011, 124 stat. 4373.) references in text the uniformed and overseas citizens absentee voting act, referred to in subsec. (b)(1), is pub. l. 99 410, aug. 28, 1986, 100 stat. 924, which is classified principally to this chapter. sections 101 and 107 of the act are classified to sections 20301 and 20310, respectively, of this title. for complete classification of this act to the code, see tables. codification section was formerly classified to section 1973ff 7 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. section was enacted as part of the military and overseas voter empowerment act, and also as part of the national defense authorization act for fiscal year 2010, and not as part of title i of the uniformed and overseas citizens absentee voting act, which comprises this chapter. amendments 2011 subsec. (a)(1). pub. l. 111 383, §1075(d)(6)(a), substituted "section 107(1)" for "section 107(a)" and "1973ff 6(1)" for "1973ff et seq." subsec. (e)(1). pub. l. 111 383, §1075(d)(6)(b), substituted "1973ff note" for "1977ff note". effective date of 2011 amendment pub. l. 111 383, div. a, title x, §1075(d), jan. 7, 2011, 124 stat. 4372, provided that the amendment by section 1075(d)(6) is effective as of oct. 28, 2009, and as if included in pub. l. 111 84 as enacted. chapter 205 national voter registration sec. 20501. findings and purposes. 20502. definitions. 20503. national procedures for voter registration for elections for federal office. 20504. simultaneous application for voter registration and application for motor vehicle driver's license. 20505. mail registration. 20506. voter registration agencies. 20507. requirements with respect to administration of voter registration. 20508. federal coordination and regulations. 20509. designation of chief state election official. 20510. civil enforcement and private right of action. 20511. criminal penalties. §20501. findings and purposes (a) findings the congress finds that  (1) the right of citizens of the united states to vote is a fundamental right; (2) it is the duty of the federal, state, and local governments to promote the exercise of that right; and (3) discriminatory and unfair registration laws and procedures can have a direct and damaging effect on voter participation in elections for federal office and disproportionately harm voter participation by various groups, including racial minorities. (b) purposes the purposes of this chapter are  (1) to establish procedures that will increase the number of eligible citizens who register to vote in elections for federal office; (2) to make it possible for federal, state, and local governments to implement this chapter in a manner that enhances the participation of eligible citizens as voters in elections for federal office; (3) to protect the integrity of the electoral process; and (4) to ensure that accurate and current voter registration rolls are maintained. (pub. l. 103 31, §2, may 20, 1993, 107 stat. 77.) references in text this chapter, referred to in subsec. (b), was in the original "this act", meaning pub. l. 103 31, may 20, 1993, 107 stat. 77, which is classified principally to this chapter. for complete classification of this act to the code, see tables. codification section was formerly classified to section 1973gg of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. effective date pub. l. 103 31, §13, may 20, 1993, 107 stat. 89, provided that: "this act [see tables for classification] shall take effect  "(1) with respect to a state that on the date of enactment of this act [may 20, 1993] has a provision in the constitution of the state that would preclude compliance with this act unless the state maintained separate federal and state official lists of eligible voters, on the later of  "(a) january 1, 1996; or "(b) the date that is 120 days after the date by which, under the constitution of the state as in effect on the date of enactment of this act, it would be legally possible to adopt and place into effect any amendments to the constitution of the state that are necessary to permit such compliance with this act without requiring a special election; and "(2) with respect to any state not described in paragraph (1), on january 1, 1995." proof of citizenship pub. l. 104 132, title ix, §902, apr. 24, 1996, 110 stat. 1317, provided that: "notwithstanding any other provision of law, a federal, state, or local government agency may not use a voter registration card (or other related document) that evidences registration for an election for federal office, as evidence to prove united states citizenship." similar provisions were contained in section 117 of h.r. 2076, one hundred fourth congress, as passed by the house of representatives on dec. 6, 1995, and as enacted into law by pub. l. 104 91, title i, §101(a), jan. 6, 1996, 110 stat. 11, as amended by pub. l. 104 99, title ii, §211, jan. 26, 1996, 110 stat. 37. §20502. definitions as used in this chapter  (1) the term "election" has the meaning stated in section 30101(1) of this title; (2) the term "federal office" has the meaning stated in section 30101(3) of this title; (3) the term "motor vehicle driver's license" includes any personal identification document issued by a state motor vehicle authority; (4) the term "state" means a state of the united states and the district of columbia; and (5) the term "voter registration agency" means an office designated under section 20506(a)(1) of this title to perform voter registration activities. (pub. l. 103 31, §3, may 20, 1993, 107 stat. 77.) codification section was formerly classified to section 1973gg 1 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20503. national procedures for voter registration for elections for federal office (a) in general except as provided in subsection (b), notwithstanding any other federal or state law, in addition to any other method of voter registration provided for under state law, each state shall establish procedures to register to vote in elections for federal office  (1) by application made simultaneously with an application for a motor vehicle driver's license pursuant to section 20504 of this title; (2) by mail application pursuant to section 20505 of this title; and (3) by application in person  (a) at the appropriate registration site designated with respect to the residence of the applicant in accordance with state law; and (b) at a federal, state, or nongovernmental office designated under section 20506 of this title. (b) nonapplicability to certain states this chapter does not apply to a state described in either or both of the following paragraphs: (1) a state in which, under law that is in effect continuously on and after august 1, 1994, there is no voter registration requirement for any voter in the state with respect to an election for federal office. (2) a state in which, under law that is in effect continuously on and after august 1, 1994, or that was enacted on or prior to august 1, 1994, and by its terms is to come into effect upon the enactment of this chapter, so long as that law remains in effect, all voters in the state may register to vote at the polling place at the time of voting in a general election for federal office. (pub. l. 103 31, §4, may 20, 1993, 107 stat. 78; pub. l. 104 91, title i, §101(a), jan. 6, 1996, 110 stat. 11, amended pub. l. 104 99, title ii, §211, jan. 26, 1996, 110 stat. 37.) references in text upon the enactment of this chapter, referred to in subsec. (b)(2), means the date of enactment of pub. l. 103 31, which was approved may 20, 1993. codification section was formerly classified to section 1973gg 2 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendment by pub. l. 104 91 is based on section 116(a) of h.r. 2076, one hundred fourth congress, as passed by the house of representatives on dec. 6, 1995, which was enacted into law by pub. l. 104 91. amendments 1996 subsec. (b). pub. l. 104 91, as amended by pub. l. 104 99, substituted "august 1, 1994" for "march 11, 1993" wherever appearing. effective date of 1996 amendment section 116(b) of h.r. 2076, one hundred fourth congress, as passed by the house of representatives on dec. 6, 1995, and as enacted into law by pub. l. 104 91, title i, §101(a), jan. 6, 1996, 110 stat. 11, as amended by pub. l. 104 99, title ii, §211, jan. 26, 1996, 110 stat. 37, provided that: "the amendments made by subsection (a) [amending this section] shall take effect as if included in the provisions of the national voter registration act of 1993 [pub. l. 103 31, see tables for classification]." §20504. simultaneous application for voter registration and application for motor vehicle driver's license (a) in general (1) each state motor vehicle driver's license application (including any renewal application) submitted to the appropriate state motor vehicle authority under state law shall serve as an application for voter registration with respect to elections for federal office unless the applicant fails to sign the voter registration application. (2) an application for voter registration submitted under paragraph (1) shall be considered as updating any previous voter registration by the applicant. (b) limitation on use of information no information relating to the failure of an applicant for a state motor vehicle driver's license to sign a voter registration application may be used for any purpose other than voter registration. (c) forms and procedures (1) each state shall include a voter registration application form for elections for federal office as part of an application for a state motor vehicle driver's license. (2) the voter registration application portion of an application for a state motor vehicle driver's license  (a) may not require any information that duplicates information required in the driver's license portion of the form (other than a second signature or other information necessary under subparagraph (c)); (b) may require only the minimum amount of information necessary to  (i) prevent duplicate voter registrations; and (ii) enable state election officials to assess the eligibility of the applicant and to administer voter registration and other parts of the election process; (c) shall include a statement that  (i) states each eligibility requirement (including citizenship); (ii) contains an attestation that the applicant meets each such requirement; and (iii) requires the signature of the applicant, under penalty of perjury; (d) shall include, in print that is identical to that used in the attestation portion of the application  (i) the information required in section 20507(a)(5)(a) and (b) of this title; (ii) a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and (iii) a statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes; and (e) shall be made available (as submitted by the applicant, or in machine readable or other format) to the appropriate state election official as provided by state law. (d) change of address any change of address form submitted in accordance with state law for purposes of a state motor vehicle driver's license shall serve as notification of change of address for voter registration with respect to elections for federal office for the registrant involved unless the registrant states on the form that the change of address is not for voter registration purposes. (e) transmittal deadline (1) subject to paragraph (2), a completed voter registration portion of an application for a state motor vehicle driver's license accepted at a state motor vehicle authority shall be transmitted to the appropriate state election official not later than 10 days after the date of acceptance. (2) if a registration application is accepted within 5 days before the last day for registration to vote in an election, the application shall be transmitted to the appropriate state election official not later than 5 days after the date of acceptance. (pub. l. 103 31, §5, may 20, 1993, 107 stat. 78.) codification section was formerly classified to section 1973gg 3 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20505. mail registration (a) form (1) each state shall accept and use the mail voter registration application form prescribed by the federal election commission pursuant to section 20508(a)(2) of this title for the registration of voters in elections for federal office. (2) in addition to accepting and using the form described in paragraph (1), a state may develop and use a mail voter registration form that meets all of the criteria stated in section 20508(b) of this title for the registration of voters in elections for federal office. (3) a form described in paragraph (1) or (2) shall be accepted and used for notification of a registrant's change of address. (b) availability of forms the chief state election official of a state shall make the forms described in subsection (a) available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration programs. (c) first time voters (1) subject to paragraph (2), a state may by law require a person to vote in person if  (a) the person was registered to vote in a jurisdiction by mail; and (b) the person has not previously voted in that jurisdiction. (2) paragraph (1) does not apply in the case of a person  (a) who is entitled to vote by absentee ballot under the uniformed and overseas citizens absentee voting act [52 u.s.c. 20301 et seq.]; (b) who is provided the right to vote otherwise than in person under section 20102(b)(2)(b)(ii) of this title; or (c) who is entitled to vote otherwise than in person under any other federal law. (d) undelivered notices if a notice of the disposition of a mail voter registration application under section 20507(a)(2) of this title is sent by nonforwardable mail and is returned undelivered, the registrar may proceed in accordance with section 20507(d) of this title. (pub. l. 103 31, §6, may 20, 1993, 107 stat. 79.) references in text the uniformed and overseas citizens absentee voting act, referred to in subsec. (c)(2)(a), is pub. l. 99 410, aug. 28, 1986, 100 stat. 924, which is classified principally to chapter 203 (§20301 et seq.) of this title. for complete classification of this act to the code, see tables. codification section was formerly classified to section 1973gg 4 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20506. voter registration agencies (a) designation (1) each state shall designate agencies for the registration of voters in elections for federal office. (2) each state shall designate as voter registration agencies  (a) all offices in the state that provide public assistance; and (b) all offices in the state that provide state funded programs primarily engaged in providing services to persons with disabilities. (3)(a) in addition to voter registration agencies designated under paragraph (2), each state shall designate other offices within the state as voter registration agencies. (b) voter registration agencies designated under subparagraph (a) may include  (i) state or local government offices such as public libraries, public schools, offices of city and county clerks (including marriage license bureaus), fishing and hunting license bureaus, government revenue offices, unemployment compensation offices, and offices not described in paragraph (2)(b) that provide services to persons with disabilities; and (ii) federal and nongovernmental offices, with the agreement of such offices. (4)(a) at each voter registration agency, the following services shall be made available: (i) distribution of mail voter registration application forms in accordance with paragraph (6). (ii) assistance to applicants in completing voter registration application forms, unless the applicant refuses such assistance. (iii) acceptance of completed voter registration application forms for transmittal to the appropriate state election official. (b) if a voter registration agency designated under paragraph (2)(b) provides services to a person with a disability at the person's home, the agency shall provide the services described in subparagraph (a) at the person's home. (5) a person who provides service described in paragraph (4) shall not  (a) seek to influence an applicant's political preference or party registration; (b) display any such political preference or party allegiance; (c) make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or (d) make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits. (6) a voter registration agency that is an office that provides service or assistance in addition to conducting voter registration shall  (a) distribute with each application for such service or assistance, and with each recertification, renewal, or change of address form relating to such service or assistance  (i) the mail voter registration application form described in section 20508(a)(2) of this title, including a statement that  (i) specifies each eligibility requirement (including citizenship); (ii) contains an attestation that the applicant meets each such requirement; and (iii) requires the signature of the applicant, under penalty of perjury; or (ii) the office's own form if it is equivalent to the form described in section 20508(a)(2) of this title, unless the applicant, in writing, declines to register to vote; (b) provide a form that includes  (i) the question, "if you are not registered to vote where you live now, would you like to apply to register to vote here today?"; (ii) if the agency provides public assistance, the statement, "applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency."; (iii) boxes for the applicant to check to indicate whether the applicant would like to register or declines to register to vote (failure to check either box being deemed to constitute a declination to register for purposes of subparagraph (c)), together with the statement (in close proximity to the boxes and in prominent type), "if you do not check either box, you will be considered to have decided not to register to vote at this time."; (iv) the statement, "if you would like help in filling out the voter registration application form, we will help you. the decision whether to seek or accept help is yours. you may fill out the application form in private."; and (v) the statement, "if you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with __________.", the blank being filled by the name, address, and telephone number of the appropriate official to whom such a complaint should be addressed; and (c) provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses such assistance. (7) no information relating to a declination to register to vote in connection with an application made at an office described in paragraph (6) may be used for any purpose other than voter registration. (b) federal government and private sector cooperation all departments, agencies, and other entities of the executive branch of the federal government shall, to the greatest extent practicable, cooperate with the states in carrying out subsection (a), and all nongovernmental entities are encouraged to do so. (c) armed forces recruitment offices (1) each state and the secretary of defense shall jointly develop and implement procedures for persons to apply to register to vote at recruitment offices of the armed forces of the united states. (2) a recruitment office of the armed forces of the united states shall be considered to be a voter registration agency designated under subsection (a)(2) for all purposes of this chapter. (d) transmittal deadline (1) subject to paragraph (2), a completed registration application accepted at a voter registration agency shall be transmitted to the appropriate state election official not later than 10 days after the date of acceptance. (2) if a registration application is accepted within 5 days before the last day for registration to vote in an election, the application shall be transmitted to the appropriate state election official not later than 5 days after the date of acceptance. (pub. l. 103 31, §7, may 20, 1993, 107 stat. 80.) codification section was formerly classified to section 1973gg 5 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. ex. ord. no. 12926. implementation of national voter registration act of 1993 ex. ord. no. 12926, sept. 12, 1994, 59 f.r. 47227, provided: by the authority vested in me as president by the constitution and the laws of the united states of america, including section 301 of title 3, united states code, and in order to ensure, as required by section 7(b) of the national voter registration act of 1993 (42 u.s.c. 1973gg [sic]) [52 u.s.c. 20506(b)] ("the act"), that departments, agencies, and other entities of the executive branch of the federal government cooperate with the states in carrying out the act's requirements, it is hereby ordered as follows: section 1. assistance to states. to the greatest extent practicable, departments, agencies, and other entities of the executive branch of the federal government that provide, in whole or in part, funding, grants, or assistance for, or with respect to the administration of, any program of public assistance or services to persons with disabilities within the meaning of section 7(a) of the act shall: (a) provide, to state agencies administering any such program, guidance for the implementation of the requirements of section 7 of the act, including guidance for use and distribution of voter registration forms in connection with applications for service; (b) assist each such state agency administering any such program with the costs of implementation of the act [52 u.s.c. 20501 et seq.], consistent with legal authority and the availability of funds, and promptly indicate to each state agency the extent to which such assistance will be made available; and (c) designate an office or staff to be available to provide technical assistance to such state agencies. sec. 2. armed forces recruitment offices. the secretary of defense is directed to work with the appropriate state elections authorities in each state to develop procedures for persons to apply to register to vote at armed forces recruitment offices as required by section 7(c) of the act. sec. 3. acceptance of designation. to the greatest extent practicable, departments, agencies, or other entities of the executive branch of the federal government, if requested to be designated as a voter registration agency pursuant to section 7(a)(3)(b)(ii) of the act, shall: (a) agree to such a designation if agreement is consistent with the department's, agency's, or entity's legal authority and availability of funds; and (b) ensure that all of its offices that are located in a particular state will have available to the public at least one of the national voter registration forms that are required under the act to be available in that state. william j. clinton. §20507. requirements with respect to administration of voter registration (a) in general in the administration of voter registration for elections for federal office, each state shall  (1) ensure that any eligible applicant is registered to vote in an election  (a) in the case of registration with a motor vehicle application under section 20504 of this title, if the valid voter registration form of the applicant is submitted to the appropriate state motor vehicle authority not later than the lesser of 30 days, or the period provided by state law, before the date of the election; (b) in the case of registration by mail under section 20505 of this title, if the valid voter registration form of the applicant is postmarked not later than the lesser of 30 days, or the period provided by state law, before the date of the election; (c) in the case of registration at a voter registration agency, if the valid voter registration form of the applicant is accepted at the voter registration agency not later than the lesser of 30 days, or the period provided by state law, before the date of the election; and (d) in any other case, if the valid voter registration form of the applicant is received by the appropriate state election official not later than the lesser of 30 days, or the period provided by state law, before the date of the election; (2) require the appropriate state election official to send notice to each applicant of the disposition of the application; (3) provide that the name of a registrant may not be removed from the official list of eligible voters except  (a) at the request of the registrant; (b) as provided by state law, by reason of criminal conviction or mental incapacity; or (c) as provided under paragraph (4); (4) conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters by reason of  (a) the death of the registrant; or (b) a change in the residence of the registrant, in accordance with subsections (b), (c), and (d); (5) inform applicants under sections 20504, 20505, and 20506 of this title of  (a) voter eligibility requirements; and (b) penalties provided by law for submission of a false voter registration application; and (6) ensure that the identity of the voter registration agency through which any particular voter is registered is not disclosed to the public. (b) confirmation of voter registration any state program or activity to protect the integrity of the electoral process by ensuring the maintenance of an accurate and current voter registration roll for elections for federal office  (1) shall be uniform, nondiscriminatory, and in compliance with the voting rights act of 1965 (42 u.s.c. 1973 et seq.) [now 52 u.s.c. 10301 et seq.]; and (2) shall not result in the removal of the name of any person from the official list of voters registered to vote in an election for federal office by reason of the person's failure to vote, except that nothing in this paragraph may be construed to prohibit a state from using the procedures described in subsections (c) and (d) to remove an individual from the official list of eligible voters if the individual  (a) has not either notified the applicable registrar (in person or in writing) or responded during the period described in subparagraph (b) to the notice sent by the applicable registrar; and then (b) has not voted or appeared to vote in 2 or more consecutive general elections for federal office. (c) voter removal programs (1) a state may meet the requirement of subsection (a)(4) by establishing a program under which  (a) change of address information supplied by the postal service through its licensees is used to identify registrants whose addresses may have changed; and (b) if it appears from information provided by the postal service that  (i) a registrant has moved to a different residence address in the same registrar's jurisdiction in which the registrant is currently registered, the registrar changes the registration records to show the new address and sends the registrant a notice of the change by forwardable mail and a postage prepaid pre addressed return form by which the registrant may verify or correct the address information; or (ii) the registrant has moved to a different residence address not in the same registrar's jurisdiction, the registrar uses the notice procedure described in subsection (d)(2) to confirm the change of address. (2)(a) a state shall complete, not later than 90 days prior to the date of a primary or general election for federal office, any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters. (b) subparagraph (a) shall not be construed to preclude  (i) the removal of names from official lists of voters on a basis described in paragraph (3)(a) or (b) or (4)(a) of subsection (a); or (ii) correction of registration records pursuant to this chapter. (d) removal of names from voting rolls (1) a state shall not remove the name of a registrant from the official list of eligible voters in elections for federal office on the ground that the registrant has changed residence unless the registrant  (a) confirms in writing that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered; or (b)(i) has failed to respond to a notice described in paragraph (2); and (ii) has not voted or appeared to vote (and, if necessary, correct the registrar's record of the registrant's address) in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election for federal office that occurs after the date of the notice. (2) a notice is described in this paragraph if it is a postage prepaid and pre addressed return card, sent by forwardable mail, on which the registrant may state his or her current address, together with a notice to the following effect: (a) if the registrant did not change his or her residence, or changed residence but remained in the registrar's jurisdiction, the registrant should return the card not later than the time provided for mail registration under subsection (a)(1)(b). if the card is not returned, affirmation or confirmation of the registrant's address may be required before the registrant is permitted to vote in a federal election during the period beginning on the date of the notice and ending on the day after the date of the second general election for federal office that occurs after the date of the notice, and if the registrant does not vote in an election during that period the registrant's name will be removed from the list of eligible voters. (b) if the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered, information concerning how the registrant can continue to be eligible to vote. (3) a voting registrar shall correct an official list of eligible voters in elections for federal office in accordance with change of residence information obtained in conformance with this subsection. (e) procedure for voting following failure to return card (1) a registrant who has moved from an address in the area covered by a polling place to an address in the same area shall, notwithstanding failure to notify the registrar of the change of address prior to the date of an election, be permitted to vote at that polling place upon oral or written affirmation by the registrant of the change of address before an election official at that polling place. (2)(a) a registrant who has moved from an address in the area covered by one polling place to an address in an area covered by a second polling place within the same registrar's jurisdiction and the same congressional district and who has failed to notify the registrar of the change of address prior to the date of an election, at the option of the registrant  (i) shall be permitted to correct the voting records and vote at the registrant's former polling place, upon oral or written affirmation by the registrant of the new address before an election official at that polling place; or (ii)(i) shall be permitted to correct the voting records and vote at a central location within the same registrar's jurisdiction designated by the registrar where a list of eligible voters is maintained, upon written affirmation by the registrant of the new address on a standard form provided by the registrar at the central location; or (ii) shall be permitted to correct the voting records for purposes of voting in future elections at the appropriate polling place for the current address and, if permitted by state law, shall be permitted to vote in the present election, upon confirmation by the registrant of the new address by such means as are required by law. (b) if state law permits the registrant to vote in the current election upon oral or written affirmation by the registrant of the new address at a polling place described in subparagraph (a)(i) or (a)(ii)(ii), voting at the other locations described in subparagraph (a) need not be provided as options. (3) if the registration records indicate that a registrant has moved from an address in the area covered by a polling place, the registrant shall, upon oral or written affirmation by the registrant before an election official at that polling place that the registrant continues to reside at the address previously made known to the registrar, be permitted to vote at that polling place. (f) change of voting address within a jurisdiction in the case of a change of address, for voting purposes, of a registrant to another address within the same registrar's jurisdiction, the registrar shall correct the voting registration list accordingly, and the registrant's name may not be removed from the official list of eligible voters by reason of such a change of address except as provided in subsection (d). (g) conviction in federal court (1) on the conviction of a person of a felony in a district court of the united states, the united states attorney shall give written notice of the conviction to the chief state election official designated under section 20509 of this title of the state of the person's residence. (2) a notice given pursuant to paragraph (1) shall include  (a) the name of the offender; (b) the offender's age and residence address; (c) the date of entry of the judgment; (d) a description of the offenses of which the offender was convicted; and (e) the sentence imposed by the court. (3) on request of the chief state election official of a state or other state official with responsibility for determining the effect that a conviction may have on an offender's qualification to vote, the united states attorney shall provide such additional information as the united states attorney may have concerning the offender and the offense of which the offender was convicted. (4) if a conviction of which notice was given pursuant to paragraph (1) is overturned, the united states attorney shall give the official to whom the notice was given written notice of the vacation of the judgment. (5) the chief state election official shall notify the voter registration officials of the local jurisdiction in which an offender resides of the information received under this subsection. (h) omitted (i) public disclosure of voter registration activities (1) each state shall maintain for at least 2 years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters, except to the extent that such records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular voter is registered. (2) the records maintained pursuant to paragraph (1) shall include lists of the names and addresses of all persons to whom notices described in subsection (d)(2) are sent, and information concerning whether or not each such person has responded to the notice as of the date that inspection of the records is made. (j) "registrar's jurisdiction" defined for the purposes of this section, the term "registrar's jurisdiction" means  (1) an incorporated city, town, borough, or other form of municipality; (2) if voter registration is maintained by a county, parish, or other unit of government that governs a larger geographic area than a municipality, the geographic area governed by that unit of government; or (3) if voter registration is maintained on a consolidated basis for more than one municipality or other unit of government by an office that performs all of the functions of a voting registrar, the geographic area of the consolidated municipalities or other geographic units. (pub. l. 103 31, §8, may 20, 1993, 107 stat. 82; pub. l. 107 252, title ix, §903, oct. 29, 2002, 116 stat. 1728.) references in text the voting rights act of 1965, referred to in subsec. (b)(1), is pub. l. 89 110, aug. 6, 1965, 79 stat. 437, which is classified generally to chapters 103 (§10301 et seq.), 105 (§10501 et seq.), and 107 (§10701 et seq.) of this title. for complete classification of this act to the code, see tables. codification section was formerly classified to section 1973gg 6 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. section is comprised of section 8 of pub. l. 103 31. subsec. (h) of section 8 of pub. l. 103 31 enacted section 3629 of title 39, postal service, and amended sections 2401 and 3627 of title 39. amendments 2002 subsec. (b)(2). pub. l. 107 252 inserted before period at end ", except that nothing in this paragraph may be construed to prohibit a state from using the procedures described in subsections (c) and (d) to remove an individual from the official list of eligible voters if the individual  "(a) has not either notified the applicable registrar (in person or in writing) or responded during the period described in subparagraph (b) to the notice sent by the applicable registrar; and then "(b) has not voted or appeared to vote in 2 or more consecutive general elections for federal office". §20508. federal coordination and regulations (a) in general the election assistance commission  (1) in consultation with the chief election officers of the states, shall prescribe such regulations as are necessary to carry out paragraphs (2) and (3); (2) in consultation with the chief election officers of the states, shall develop a mail voter registration application form for elections for federal office; (3) not later than june 30 of each odd numbered year, shall submit to the congress a report assessing the impact of this chapter on the administration of elections for federal office during the preceding 2 year period and including recommendations for improvements in federal and state procedures, forms, and other matters affected by this chapter; and (4) shall provide information to the states with respect to the responsibilities of the states under this chapter. (b) contents of mail voter registration form the mail voter registration form developed under subsection (a)(2)  (1) may require only such identifying information (including the signature of the applicant) and other information (including data relating to previous registration by the applicant), as is necessary to enable the appropriate state election official to assess the eligibility of the applicant and to administer voter registration and other parts of the election process; (2) shall include a statement that  (a) specifies each eligibility requirement (including citizenship); (b) contains an attestation that the applicant meets each such requirement; and (c) requires the signature of the applicant, under penalty of perjury; (3) may not include any requirement for notarization or other formal authentication; and (4) shall include, in print that is identical to that used in the attestation portion of the application  (i) the information required in section 20507(a)(5)(a) and (b) of this title; (ii) a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and (iii) a statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes. (pub. l. 103 31, §9, may 20, 1993, 107 stat. 87; pub. l. 107 252, title viii, §802(b), oct. 29, 2002, 116 stat. 1726.) codification section was formerly classified to section 1973gg 7 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 2002 subsec. (a). pub. l. 107 252 substituted "election assistance commission" for "federal election commission" in introductory provisions. effective date of 2002 amendment amendment by pub. l. 107 252 effective upon appointment of all members of the election assistance commission under section 20923 of this title, see section 21134(a) of this title. §20509. designation of chief state election official each state shall designate a state officer or employee as the chief state election official to be responsible for coordination of state responsibilities under this chapter. (pub. l. 103 31, §10, may 20, 1993, 107 stat. 87.) codification section was formerly classified to section 1973gg 8 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20510. civil enforcement and private right of action (a) attorney general the attorney general may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this chapter. (b) private right of action (1) a person who is aggrieved by a violation of this chapter may provide written notice of the violation to the chief election official of the state involved. (2) if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for federal office, the aggrieved person may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation. (3) if the violation occurred within 30 days before the date of an election for federal office, the aggrieved person need not provide notice to the chief election official of the state under paragraph (1) before bringing a civil action under paragraph (2). (c) attorney's fees in a civil action under this section, the court may allow the prevailing party (other than the united states) reasonable attorney fees, including litigation expenses, and costs. (d) relation to other laws (1) the rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this chapter shall supersede, restrict, or limit the application of the voting rights act of 1965 (42 u.s.c. 1973 et seq.) [now 52 u.s.c. 10301 et seq.]. (2) nothing in this chapter authorizes or requires conduct that is prohibited by the voting rights act of 1965 (42 u.s.c. 1973 et seq.) [now 52 u.s.c. 10301 et seq.]. (pub. l. 103 31, §11, may 20, 1993, 107 stat. 88.) references in text the voting rights act of 1965, referred to in subsec. (d), is pub. l. 89 110, aug. 6, 1965, 79 stat. 437, which is classified generally to chapters 103 (§10301 et seq.), 105 (§10501 et seq.), and 107 (§10701 et seq.) of this title. for complete classification of this act to the code, see tables. codification section was formerly classified to section 1973gg 9 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20511. criminal penalties a person, including an election official, who in any election for federal office  (1) knowingly and willfully intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, any person for  (a) registering to vote, or voting, or attempting to register or vote; (b) urging or aiding any person to register to vote, to vote, or to attempt to register or vote; or (c) exercising any right under this chapter; or (2) knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a state of a fair and impartially conducted election process, by  (a) the procurement or submission of voter registration applications that are known by the person to be materially false, fictitious, or fraudulent under the laws of the state in which the election is held; or (b) the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the state in which the election is held, shall be fined in accordance with title 18 (which fines shall be paid into the general fund of the treasury, miscellaneous receipts (pursuant to section 3302 of title 31), notwithstanding any other law), or imprisoned not more than 5 years, or both. (pub. l. 103 31, §12, may 20, 1993, 107 stat. 88.) codification section was formerly classified to section 1973gg 10 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. chapter 207 federal election records sec. 20701. retention and preservation of records and papers by officers of elections; deposit with custodian; penalty for violation. 20702. theft, destruction, concealment, mutilation, or alteration of records or papers; penalties. 20703. demand for records or papers by attorney general or representative; statement of basis and purpose. 20704. disclosure of records or papers. 20705. jurisdiction to compel production of records or papers. 20706. "officer of election" defined. §20701. retention and preservation of records and papers by officers of elections; deposit with custodian; penalty for violation every officer of election shall retain and preserve, for a period of twenty two months from the date of any general, special, or primary election of which candidates for the office of president, vice president, presidential elector, member of the senate, member of the house of representatives, or resident commissioner from the commonwealth of puerto rico are voted for, all records and papers which come into his possession relating to any application, registration, payment of poll tax, or other act requisite to voting in such election, except that, when required by law, such records and papers may be delivered to another officer of election and except that, if a state or the commonwealth of puerto rico designates a custodian to retain and preserve these records and papers at a specified place, then such records and papers may be deposited with such custodian, and the duty to retain and preserve any record or paper so deposited shall devolve upon such custodian. any officer of election or custodian who willfully fails to comply with this section shall be fined not more than $1,000 or imprisoned not more than one year, or both. (pub. l. 86 449, title iii, §301, may 6, 1960, 74 stat. 88.) codification section was formerly classified to section 1974 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20702. theft, destruction, concealment, mutilation, or alteration of records or papers; penalties any person, whether or not an officer of election or custodian, who willfully steals, destroys, conceals, mutilates, or alters any record or paper required by section 20701 of this title to be retained and preserved shall be fined not more than $1,000 or imprisoned not more than one year, or both. (pub. l. 86 449, title iii, §302, may 6, 1960, 74 stat. 88.) codification section was formerly classified to section 1974a of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20703. demand for records or papers by attorney general or representative; statement of basis and purpose any record or paper required by section 20701 of this title to be retained and preserved shall, upon demand in writing by the attorney general or his representative directed to the person having custody, possession, or control of such record or paper, be made available for inspection, reproduction, and copying at the principal office of such custodian by the attorney general or his representative. this demand shall contain a statement of the basis and the purpose therefor. (pub. l. 86 449, title iii, §303, may 6, 1960, 74 stat. 88.) codification section was formerly classified to section 1974b of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20704. disclosure of records or papers unless otherwise ordered by a court of the united states, neither the attorney general nor any employee of the department of justice, nor any other representative of the attorney general, shall disclose any record or paper produced pursuant to this chapter, or any reproduction or copy, except to congress and any committee thereof, governmental agencies, and in the presentation of any case or proceeding before any court or grand jury. (pub. l. 86 449, title iii, §304, may 6, 1960, 74 stat. 88.) codification section was formerly classified to section 1974c of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20705. jurisdiction to compel production of records or papers the united states district court for the district in which a demand is made pursuant to section 20703 of this title, or in which a record or paper so demanded is located, shall have jurisdiction by appropriate process to compel the production of such record or paper. (pub. l. 86 449, title iii, §305, may 6, 1960, 74 stat. 88.) codification section was formerly classified to section 1974d of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20706. "officer of election" defined as used in this chapter, the term "officer of election" means any person who, under color of any federal, state, commonwealth, or local law, statute, ordinance, regulation, authority, custom, or usage, performs or is authorized to perform any function, duty, or task in connection with any application, registration, payment of poll tax, or other act requisite to voting in any general, special, or primary election at which votes are cast for candidates for the office of president, vice president, presidential elector, member of the senate, member of the house of representatives, or resident commissioner from the commonwealth of puerto rico. (pub. l. 86 449, title iii, §306, may 6, 1960, 74 stat. 88.) codification section was formerly classified to section 1974e of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. chapter 209 election administration improvement subchapter i payments to states for election administration improvements and replacement of punch card and lever voting machines sec. 20901. payments to states for activities to improve administration of elections. 20902. replacement of punch card or lever voting machines. 20903. guaranteed minimum payment amount. 20904. authorization of appropriations. 20905. administration of programs. 20906. effective date. subchapter ii commission part a establishment and general organization subpart 1 election assistance commission 20921. establishment. 20922. duties. 20923. membership and appointment. 20924. staff. 20925. powers. 20926. dissemination of information. 20927. annual report. 20928. requiring majority approval for actions. 20929. limitation on rulemaking authority. 20930. authorization of appropriations. subpart 2 election assistance commission standards board and board of advisors 20941. establishment. 20942. duties. 20943. membership of standards board. 20944. membership of board of advisors. 20945. powers of boards; no compensation for service. 20946. status of boards and members for purposes of claims against board. subpart 3 technical guidelines development committee 20961. technical guidelines development committee. 20962. process for adoption. part b testing, certification, decertification, and recertification of voting system hardware and software 20971. certification and testing of voting systems. part c studies and other activities to promote effective administration of federal elections 20981. periodic studies of election administration issues. 20982. study, report, and recommendations on best practices for facilitating military and overseas voting. 20983. report on human factor research. 20984. study and report on voters who register by mail and use of social security information. 20985. study and report on electronic voting and the electoral process. 20986. study and report on free absentee ballot postage. 20987. consultation with standards board and board of advisors. part d election assistance subpart 1 requirements payments 21001. requirements payments. 21002. allocation of funds. 21003. condition for receipt of funds. 21004. state plan. 21005. process for development and filing of plan; publication by commission. 21006. requirement for public notice and comment. 21007. authorization of appropriations. 21008. reports. subpart 2 payments to states and units of local government to assure access for individuals with disabilities 21021. payments to states and units of local government to assure access for individuals with disabilities. 21022. amount of payment. 21023. requirements for eligibility. 21024. authorization of appropriations. 21025. reports. subpart 3 grants for research on voting technology improvements 21041. grants for research on voting technology improvements. 21042. report. 21043. authorization of appropriations. subpart 4 pilot program for testing of equipment and technology 21051. pilot program. 21052. report. 21053. authorization of appropriations. subpart 5 protection and advocacy systems 21061. payments for protection and advocacy systems. 21062. authorization of appropriations. subpart 6 national student and parent mock election 21071. national student and parent mock election. 21072. authorization of appropriations. subchapter iii uniform and nondiscriminatory election technology and administration requirements part a requirements 21081. voting systems standards. 21082. provisional voting and voting information requirements. 21083. computerized statewide voter registration list requirements and requirements for voters who register by mail. 21084. minimum requirements. 21085. methods of implementation left to discretion of state. part b voluntary guidance 21101. adoption of voluntary guidance by commission. 21102. process for adoption. subchapter iv enforcement 21111. actions by the attorney general for declaratory and injunctive relief. 21112. establishment of state based administrative complaint procedures to remedy grievances. subchapter v help america vote college program 21121. establishment of program. 21122. activities under program. 21123. authorization of appropriations. subchapter vi transfer to commission of functions under certain laws 21131. transfer of functions of office of election administration of federal election commission. 21132. transfer of functions. 21133. transfer of property, records, and personnel. 21134. effective date; transition. subchapter vii miscellaneous provisions 21141. "state" defined. 21142. audits and repayment of funds. 21143. review and report on adequacy of existing electoral fraud statutes and penalties. 21144. other criminal penalties. 21145. no effect on other laws. subchapter i payments to states for election administration improvements and replacement of punch card and lever voting machines §20901. payments to states for activities to improve administration of elections (a) in general not later than 45 days after october 29, 2002, the administrator of general services (in this subchapter referred to as the "administrator") shall establish a program under which the administrator shall make a payment to each state in which the chief executive officer of the state, or designee, in consultation and coordination with the chief state election official, notifies the administrator not later than 6 months after october 29, 2002, that the state intends to use the payment in accordance with this section. (b) use of payment (1) in general a state shall use the funds provided under a payment made under this section to carry out one or more of the following activities: (a) complying with the requirements under subchapter iii. (b) improving the administration of elections for federal office. (c) educating voters concerning voting procedures, voting rights, and voting technology. (d) training election officials, poll workers, and election volunteers. (e) developing the state plan for requirements payments to be submitted under subpart 1 of part d of subchapter ii. (f) improving, acquiring, leasing, modifying, or replacing voting systems and technology and methods for casting and counting votes. (g) improving the accessibility and quantity of polling places, including providing physical access for individuals with disabilities, providing nonvisual access for individuals with visual impairments, and providing assistance to native americans, alaska native citizens, and to individuals with limited proficiency in the english language. (h) establishing toll free telephone hotlines that voters may use to report possible voting fraud and voting rights violations, to obtain general election information, and to access detailed automated information on their own voter registration status, specific polling place locations, and other relevant information. (2) limitation a state may not use the funds provided under a payment made under this section  (a) to pay costs associated with any litigation, except to the extent that such costs otherwise constitute permitted uses of a payment under this section; or (b) for the payment of any judgment. (c) use of funds to be consistent with other laws and requirements in order to receive a payment under the program under this section, the state shall provide the administrator with certifications that  (1) the state will use the funds provided under the payment in a manner that is consistent with each of the laws described in section 21145 of this title, as such laws relate to the provisions of this chapter; and (2) the proposed uses of the funds are not inconsistent with the requirements of subchapter iii. (d) amount of payment (1) in general subject to section 20903(b) of this title, the amount of payment made to a state under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (2) minimum payment amount the minimum payment amount described in this paragraph is  (a) in the case of any of the several states or the district of columbia, one half of 1 percent of the aggregate amount made available for payments under this section; and (b) in the case of the commonwealth of puerto rico, guam, american samoa, or the united states virgin islands, one tenth of 1 percent of such aggregate amount. (3) voting age population proportion amount the voting age population proportion amount described in this paragraph is the product of  (a) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and (b) the voting age population proportion for the state (as defined in paragraph (4)). (4) voting age population proportion defined the term "voting age population proportion" means, with respect to a state, the amount equal to the quotient of  (a) the voting age population of the state (as reported in the most recent decennial census); and (b) the total voting age population of all states (as reported in the most recent decennial census). (pub. l. 107 252, title i, §101, oct. 29, 2002, 116 stat. 1668.) references in text subchapter iii, referred to in subsecs. (b)(1)(a) and (c)(2), was in the original "title iii", meaning title iii of pub. l. 107 252, oct. 29, 2002, 116 stat. 1704, which enacted subchapter iii of this chapter and amended section 405 of title 42, the public health and welfare. for complete classification of title iii to the code, see tables. this chapter, referred to in subsec. (c)(1), was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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. codification section was formerly classified to section 15301 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20902. replacement of punch card or lever voting machines (a) establishment of program (1) in general not later than 45 days after october 29, 2002, the administrator shall establish a program under which the administrator shall make a payment to each state eligible under subsection (b) in which a precinct within that state used a punch card voting system or a lever voting system to administer the regularly scheduled general election for federal office held in november 2000 (in this section referred to as a "qualifying precinct"). (2) use of funds a state shall use the funds provided under a payment under this section (either directly or as reimbursement, including as reimbursement for costs incurred on or after january 1, 2001, under multiyear contracts) to replace punch card voting systems or lever voting systems (as the case may be) in qualifying precincts within that state with a voting system (by purchase, lease, or such other arrangement as may be appropriate) that  (a) does not use punch cards or levers; (b) is not inconsistent with the requirements of the laws described in section 21145 of this title; and (c) meets the requirements of section 21081 of this title. (3) deadline (a) in general except as provided in subparagraph (b), a state receiving a payment under the program under this section shall ensure that all of the punch card voting systems or lever voting systems in the qualifying precincts within that state have been replaced in time for the regularly scheduled general election for federal office to be held in november 2004. (b) waiver if a state certifies to the administrator not later than january 1, 2004, that the state will not meet the deadline described in subparagraph (a) for good cause and includes in the certification the reasons for the failure to meet such deadline, the state shall ensure that all of the punch card voting systems or lever voting systems in the qualifying precincts within that state will be replaced in time for the first election for federal office held after november 1, 2010. (b) eligibility (1) in general a state is eligible to receive a payment under the program under this section if it submits to the administrator a notice not later than the date that is 6 months after october 29, 2002 (in such form as the administrator may require) that contains  (a) certifications that the state will use the payment (either directly or as reimbursement, including as reimbursement for costs incurred on or after january 1, 2001, under multiyear contracts) to replace punch card voting systems or lever voting systems (as the case may be) in the qualifying precincts within the state by the deadline described in subsection (a)(3); (b) certifications that the state will continue to comply with the laws described in section 21145 of this title; (c) certifications that the replacement voting systems will meet the requirements of section 21081 of this title; and (d) such other information and certifications as the administrator may require which are necessary for the administration of the program. (2) compliance of states that require changes to state law in the case of a state that requires state legislation to carry out an activity covered by any certification submitted under this subsection, the state shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted and such state shall submit an additional certification once such legislation is enacted. (c) amount of payment (1) in general subject to paragraph (2) and section 20903(b) of this title, the amount of payment made to a state under the program under this section shall be equal to the product of  (a) the number of the qualifying precincts within the state; and (b) $4,000. (2) reduction if the amount of funds appropriated pursuant to the authority of section 20904(a)(2) of this title is insufficient to ensure that each state receives the amount of payment calculated under paragraph (1), the administrator shall reduce the amount specified in paragraph (1)(b) to ensure that the entire amount appropriated under such section is distributed to the states. (d) repayment of funds for failure to meet deadlines (1) in general if a state receiving funds under the program under this section fails to meet the deadline applicable to the state under subsection (a)(3), the state shall pay to the administrator an amount equal to the noncompliant precinct percentage of the amount of the funds provided to the state under the program. (2) noncompliant precinct percentage defined in this subsection, the term "noncompliant precinct percentage" means, with respect to a state, the amount (expressed as a percentage) equal to the quotient of  (a) the number of qualifying precincts within the state for which the state failed to meet the applicable deadline; and (b) the total number of qualifying precincts in the state. (e) punch card voting system defined for purposes of this section, a "punch card voting system" includes any of the following voting systems: (1) c.e.s. (2) datavote. (3) pbc counter. (4) pollstar. (5) punch card. (6) vote recorder. (7) votomatic. (pub. l. 107 252, title i, §102, oct. 29, 2002, 116 stat. 1670; pub. l. 110 28, title vi, §6301(a), may 25, 2007, 121 stat. 171; pub. l. 111 8, div. d, title vi, §625(a), mar. 11, 2009, 123 stat. 678.) codification section was formerly classified to section 15302 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 2009 subsec. (a)(3)(b). pub. l. 111 8 substituted "november 1, 2010" for "march 1, 2008". 2007 subsec. (a)(3)(b). pub. l. 110 28 substituted "march 1, 2008" for "january 1, 2006". effective date of 2009 amendment pub. l. 111 8, div. d, title vi, §625(b), mar. 11, 2009, 123 stat. 678, provided that: "the amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of the help america vote act of 2002 [pub. l. 107 252, see tables for classification]." effective date of 2007 amendment pub. l. 110 28, title vi, §6301(b), may 25, 2007, 121 stat. 171, provided that: "the amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of the help america vote act of 2002 [pub. l. 107 252, see tables for classification]." §20903. guaranteed minimum payment amount (a) in general in addition to any other payments made under this subchapter, the administrator shall make a payment to each state to which a payment is made under either section 20901 or 20902 of this title and with respect to which the aggregate amount paid under such sections is less than $5,000,000 in an amount equal to the difference between the aggregate amount paid to the state under sections 20901 and 20902 of this title and $5,000,000. in the case of the commonwealth of puerto rico, guam, american samoa, and the united states virgin islands, the previous sentence shall be applied as if each reference to "$5,000,000" were a reference to "$1,000,000". (b) pro rata reductions the administrator shall make such pro rata reductions to the amounts described in sections 20901(d) and 20902(c) of this title as are necessary to comply with the requirements of subsection (a). (pub. l. 107 252, title i, §103, oct. 29, 2002, 116 stat. 1672.) codification section was formerly classified to section 15303 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20904. authorization of appropriations (a) in general there are authorized to be appropriated for payments under this subchapter $650,000,000, of which  (1) 50 percent shall be for payments under section 20901 of this title; and (2) 50 percent shall be for payments under section 20902 of this title. (b) continuing availability of funds after appropriation any payment made to a state under this subchapter shall be available to the state without fiscal year limitation (subject to subsection (c)(2)(b)). (c) use of returned funds and funds remaining unexpended for requirements payments (1) in general the amounts described in paragraph (2) shall be transferred to the election assistance commission (established under subchapter ii) and used by the commission to make requirements payments under subpart 1 of part d of subchapter ii. (2) amounts described the amounts referred to in this paragraph are as follows: (a) any amounts paid to the administrator by a state under section 20902(d)(1) of this title. (b) any amounts appropriated for payments under this subchapter which remain unobligated as of september 1, 2003. (d) deposit of amounts in state election fund when a state has established an election fund described in section 21004(b) of this title, the state shall ensure that any funds provided to the state under this subchapter are deposited and maintained in such fund. (e) authorization of appropriations for administrator in addition to the amounts authorized under subsection (a), there are authorized to be appropriated to the administrator such sums as may be necessary to administer the programs under this subchapter. (pub. l. 107 252, title i, §104, oct. 29, 2002, 116 stat. 1672.) codification section was formerly classified to section 15304 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20905. administration of programs in administering the programs under this subchapter, the administrator shall take such actions as the administrator considers appropriate to expedite the payment of funds to states. (pub. l. 107 252, title i, §105, oct. 29, 2002, 116 stat. 1673.) codification section was formerly classified to section 15305 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20906. effective date the administrator shall implement the programs established under this subchapter in a manner that ensures that the administrator is able to make payments under the program not later than the expiration of the 45 day period which begins on october 29, 2002. (pub. l. 107 252, title i, §106, oct. 29, 2002, 116 stat. 1673.) codification section was formerly classified to section 15306 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. subchapter ii commission part a establishment and general organization subpart 1 election assistance commission §20921. establishment there is hereby established as an independent entity the election assistance commission (hereafter in this subchapter referred to as the "commission"), consisting of the members appointed under this subpart. additionally, there is established the election assistance commission standards board (including the executive board of such board) and the election assistance commission board of advisors under subpart 2 of this part (hereafter in this subpart referred to as the "standards board" and the "board of advisors", respectively) and the technical guidelines development committee under subpart 3 of this part. (pub. l. 107 252, title ii, §201, oct. 29, 2002, 116 stat. 1673.) codification section was formerly classified to section 15321 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20922. duties the commission shall serve as a national clearinghouse and resource for the compilation of information and review of procedures with respect to the administration of federal elections by  (1) carrying out the duties described in subpart 3 of this part (relating to the adoption of voluntary voting system guidelines), including the maintenance of a clearinghouse of information on the experiences of state and local governments in implementing the guidelines and in operating voting systems in general; (2) carrying out the duties described in part b of this subchapter (relating to the testing, certification, decertification, and recertification of voting system hardware and software); (3) carrying out the duties described in part c of this subchapter (relating to conducting studies and carrying out other activities to promote the effective administration of federal elections); (4) carrying out the duties described in part d of this subchapter (relating to election assistance), and providing information and training on the management of the payments and grants provided under such part; (5) carrying out the duties described in part b of subchapter iii (relating to the adoption of voluntary guidance); and (6) developing and carrying out the help america vote college program under subchapter v. (pub. l. 107 252, title ii, §202, oct. 29, 2002, 116 stat. 1673.) codification section was formerly classified to section 15322 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20923. membership and appointment (a) membership (1) in general the commission shall have four members appointed by the president, by and with the advice and consent of the senate. (2) recommendations before the initial appointment of the members of the commission and before the appointment of any individual to fill a vacancy on the commission, the majority leader of the senate, the speaker of the house of representatives, the minority leader of the senate, and the minority leader of the house of representatives shall each submit to the president a candidate recommendation with respect to each vacancy on the commission affiliated with the political party of the member of congress involved. (3) qualifications each member of the commission shall have experience with or expertise in election administration or the study of elections. (4) date of appointment the appointments of the members of the commission shall be made not later than 120 days after october 29, 2002. (b) term of service (1) in general except as provided in paragraphs (2) and (3), members shall serve for a term of 4 years and may be reappointed for not more than one additional term. (2) terms of initial appointees as designated by the president at the time of nomination, of the members first appointed  (a) two of the members (not more than one of whom may be affiliated with the same political party) shall be appointed for a term of 2 years; and (b) two of the members (not more than one of whom may be affiliated with the same political party) shall be appointed for a term of 4 years. (3) vacancies (a) in general a vacancy on the commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. (b) expired terms a member of the commission shall serve on the commission after the expiration of the member's term until the successor of such member has taken office as a member of the commission. (c) unexpired terms an individual appointed to fill a vacancy shall be appointed for the unexpired term of the member replaced. (c) chair and vice chair (1) in general the commission shall select a chair and vice chair from among its members for a term of 1 year, except that the chair and vice chair may not be affiliated with the same political party. (2) number of terms a member of the commission may serve as the chairperson and vice chairperson for only 1 term each during the term of office to which such member is appointed. (d) compensation (1) in general each member of the commission shall be compensated at the annual rate of basic pay prescribed for level iv of the executive schedule under section 5315 of title 5. (2) other activities no member appointed to the commission under subsection (a) may engage in any other business, vocation, or employment while serving as a member of the commission and shall terminate or liquidate such business, vocation, or employment before sitting as a member of the commission. (pub. l. 107 252, title ii, §203, oct. 29, 2002, 116 stat. 1674.) codification section was formerly classified to section 15323 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20924. staff (a) executive director, general counsel, and other staff (1) executive director the commission shall have an executive director, who shall be paid at a rate not to exceed the rate of basic pay for level v of the executive schedule under section 5316 of title 5. (2) term of service for executive director the executive director shall serve for a term of 4 years. an executive director may serve for a longer period only if reappointed for an additional term or terms by a vote of the commission. (3) procedure for appointment (a) in general when a vacancy exists in the position of the executive director, the standards board and the board of advisors shall each appoint a search committee to recommend at least three nominees for the position. (b) requiring consideration of nominees except as provided in subparagraph (c), the commission shall consider the nominees recommended by the standards board and the board of advisors in appointing the executive director. (c) interim service of general counsel if a vacancy exists in the position of the executive director, the general counsel of the commission shall serve as the acting executive director until the commission appoints a new executive director in accordance with this paragraph. (d) special rules for interim executive director (i) convening of search committees the standards board and the board of advisors shall each appoint a search committee and recommend nominees for the position of executive director in accordance with subparagraph (a) as soon as practicable after the appointment of their members. (ii) interim initial appointment notwithstanding subparagraph (b), the commission may appoint an individual to serve as an interim executive director prior to the recommendation of nominees for the position by the standards board or the board of advisors, except that such individual's term of service may not exceed 6 months. nothing in the previous sentence may be construed to prohibit the individual serving as the interim executive director from serving any additional term. (4) general counsel the commission shall have a general counsel, who shall be appointed by the commission and who shall serve under the executive director. the general counsel shall serve for a term of 4 years, and may serve for a longer period only if reappointed for an additional term or terms by a vote of the commission. (5) other staff subject to rules prescribed by the commission, the executive director may appoint and fix the pay of such additional personnel as the executive director considers appropriate. (6) applicability of certain civil service laws the executive director, general counsel, and staff of the commission may be appointed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter iii of chapter 53 of that title relating to classification and general schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay for level v of the executive schedule under section 5316 of that title. (b) experts and consultants subject to rules prescribed by the commission, the executive director may procure temporary and intermittent services under section 3109(b) of title 5 by a vote of the commission. (c) staff of federal agencies upon request of the commission, the head of any federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the commission to assist it in carrying out its duties under this chapter. (d) arranging for assistance for board of advisors and standards board at the request of the board of advisors or the standards board, the commission may enter into such arrangements as the commission considers appropriate to make personnel available to assist the boards with carrying out their duties under this subchapter (including contracts with private individuals for providing temporary personnel services or the temporary detailing of personnel of the commission). (e) consultation with board of advisors and standards board on certain matters in preparing the program goals, long term plans, mission statements, and related matters for the commission, the executive director and staff of the commission shall consult with the board of advisors and the standards board. (pub. l. 107 252, title ii, §204, oct. 29, 2002, 116 stat. 1675.) references in text this chapter, referred to in subsec. (c), was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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. codification section was formerly classified to section 15324 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20925. powers (a) hearings and sessions the commission may hold such hearings for the purpose of carrying out this chapter, sit and act at such times and places, take such testimony, and receive such evidence as the commission considers advisable to carry out this chapter. the commission may administer oaths and affirmations to witnesses appearing before the commission. (b) information from federal agencies the commission may secure directly from any federal department or agency such information as the commission considers necessary to carry out this chapter. upon request of the commission, the head of such department or agency shall furnish such information to the commission. (c) postal services the commission may use the united states mails in the same manner and under the same conditions as other departments and agencies of the federal government. (d) administrative support services upon the request of the commission, the administrator of general services shall provide to the commission, on a reimbursable basis, the administrative support services that are necessary to enable the commission to carry out its duties under this chapter. (e) contracts the commission may contract with and compensate persons and federal agencies for supplies and services without regard to section 6101 of title 41. (pub. l. 107 252, title ii, §205, oct. 29, 2002, 116 stat. 1677.) references in text this chapter, referred to in subsecs. (a), (b), and (d), was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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. codification section was formerly classified to section 15325 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. in subsec. (e), "section 6101 of title 41" substituted for "section 3709 of the revised statutes of the united states (41 u.s.c. 5)" on authority of pub. l. 111 350, §6(c), jan. 4, 2011, 124 stat. 3854, which act enacted title 41, public contracts. §20926. dissemination of information in carrying out its duties, the commission shall, on an ongoing basis, disseminate to the public (through the internet, published reports, and such other methods as the commission considers appropriate) in a manner that is consistent with the requirements of chapter 19 of title 44 information on the activities carried out under this chapter. (pub. l. 107 252, title ii, §206, oct. 29, 2002, 116 stat. 1677.) references in text this chapter, referred to in text, was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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. codification section was formerly classified to section 15326 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20927. annual report not later than january 31 of each year (beginning with 2004), the commission shall submit a report to the committee on house administration of the house of representatives and the committee on rules and administration of the senate detailing its activities during the fiscal year which ended on september 30 of the previous calendar year, and shall include in the report the following information: (1) a detailed description of activities conducted with respect to each program carried out by the commission under this chapter, including information on each grant or other payment made under such programs. (2) a copy of each report submitted to the commission by a recipient of such grants or payments which is required under such a program, including reports submitted by states receiving requirements payments under subpart 1 of part d of this subchapter, and each other report submitted to the commission under this chapter. (3) information on the voluntary voting system guidelines adopted or modified by the commission under subpart 3 of this part and information on the voluntary guidance adopted under part b of subchapter iii. (4) all votes taken by the commission. (5) such other information and recommendations as the commission considers appropriate. (pub. l. 107 252, title ii, §207, oct. 29, 2002, 116 stat. 1677.) references in text this chapter, referred to in pars. (1) and (2), was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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. codification section was formerly classified to section 15327 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20928. requiring majority approval for actions any action which the commission is authorized to carry out under this chapter may be carried out only with the approval of at least three of its members. (pub. l. 107 252, title ii, §208, oct. 29, 2002, 116 stat. 1678.) references in text this chapter, referred to in text, was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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. codification section was formerly classified to section 15328 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20929. limitation on rulemaking authority the commission shall not have any authority to issue any rule, promulgate any regulation, or take any other action which imposes any requirement on any state or unit of local government, except to the extent permitted under section 20508(a) of this title. (pub. l. 107 252, title ii, §209, oct. 29, 2002, 116 stat. 1678.) codification section was formerly classified to section 15329 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20930. authorization of appropriations in addition to the amounts authorized for payments and grants under this subchapter and the amounts authorized to be appropriated for the program under section 21123 of this title, there are authorized to be appropriated for each of the fiscal years 2003 through 2005 such sums as may be necessary (but not to exceed $10,000,000 for each such year) for the commission to carry out this subchapter. (pub. l. 107 252, title ii, §210, oct. 29, 2002, 116 stat. 1678.) codification section was formerly classified to section 15330 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. subpart 2 election assistance commission standards board and board of advisors §20941. establishment there are hereby established the election assistance commission standards board (hereafter in this subchapter referred to as the "standards board") and the election assistance commission board of advisors (hereafter in this subchapter referred to as the "board of advisors"). (pub. l. 107 252, title ii, §211, oct. 29, 2002, 116 stat. 1678.) codification section was formerly classified to section 15341 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20942. duties the standards board and the board of advisors shall each, in accordance with the procedures described in subpart 3 of this part, review the voluntary voting system guidelines under such subpart, the voluntary guidance under subchapter iii, and the best practices recommendations contained in the report submitted under section 20982(b) of this title. (pub. l. 107 252, title ii, §212, oct. 29, 2002, 116 stat. 1678.) references in text subchapter iii, referred to in text, 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 (§21081 et seq.) of this chapter. for complete classification of title iii to the code, see tables. codification section was formerly classified to section 15342 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20943. membership of standards board (a) composition (1) in general subject to certification by the chair of the federal election commission under subsection (b), the standards board shall be composed of 110 members as follows: (a) fifty five shall be state election officials selected by the chief state election official of each state. (b) fifty five shall be local election officials selected in accordance with paragraph (2). (2) list of local election officials each state's local election officials, including the local election officials of puerto rico and the united states virgin islands, shall select (under a process supervised by the chief election official of the state) a representative local election official from the state for purposes of paragraph (1)(b). in the case of the district of columbia, guam, and american samoa, the chief election official shall establish a procedure for selecting an individual to serve as a local election official for purposes of such paragraph, except that under such a procedure the individual selected may not be a member of the same political party as the chief election official. (3) requiring mix of political parties represented the two members of the standards board who represent the same state may not be members of the same political party. (b) procedures for notice and certification of appointment (1) notice to chair of federal election commission not later than 90 days after october 29, 2002, the chief state election official of the state shall transmit a notice to the chair of the federal election commission containing  (a) the name of the state election official who agrees to serve on the standards board under this subchapter; and (b) the name of the representative local election official from the state selected under subsection (a)(2) who agrees to serve on the standards board under this subchapter. (2) certification upon receiving a notice from a state under paragraph (1), the chair of the federal election commission shall publish a certification that the selected state election official and the representative local election official are appointed as members of the standards board under this subchapter. (3) effect of failure to provide notice if a state does not transmit a notice to the chair of the federal election commission under paragraph (1) within the deadline described in such paragraph, no representative from the state may participate in the selection of the initial executive board under subsection (c). (4) role of commission upon the appointment of the members of the election assistance commission, the election assistance commission shall carry out the duties of the federal election commission under this subsection. (c) executive board (1) in general not later than 60 days after the last day on which the appointment of any of its members may be certified under subsection (b), the standards board shall select nine of its members to serve as the executive board of the standards board, of whom  (a) not more than five may be state election officials; (b) not more than five may be local election officials; and (c) not more than five may be members of the same political party. (2) terms except as provided in paragraph (3), members of the executive board of the standards board shall serve for a term of 2 years and may not serve for more than 3 consecutive terms. (3) staggering of initial terms of the members first selected to serve on the executive board of the standards board  (a) three shall serve for 1 term; (b) three shall serve for 2 consecutive terms; and (c) three shall serve for 3 consecutive terms, as determined by lot at the time the members are first appointed. (4) duties in addition to any other duties assigned under this subchapter, the executive board of the standards board may carry out such duties of the standards board as the standards board may delegate. (pub. l. 107 252, title ii, §213, oct. 29, 2002, 116 stat. 1678.) codification section was formerly classified to section 15343 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20944. membership of board of advisors (a) in general the board of advisors shall be composed of 37 members appointed as follows: (1) two members appointed by the national governors association. (2) two members appointed by the national conference of state legislatures. (3) two members appointed by the national association of secretaries of state. (4) two members appointed by the national association of state election directors. (5) two members appointed by the national association of counties. (6) two members appointed by the national association of county recorders, election administrators, and clerks.1 (7) two members appointed by the united states conference of mayors. (8) two members appointed by the election center. (9) two members appointed by the international association of county recorders, election officials, and treasurers.2 (10) two members appointed by the united states commission on civil rights. (11) two members appointed by the architectural and transportation barrier 3 compliance board under section 792 of title 29. (12) the chief of the office of public integrity of the department of justice,4 or the chief's designee. (13) the chief of the voting section of the civil rights division of the department of justice or the chief's designee. (14) the director of the federal voting assistance program of the department of defense. (15) four members representing professionals in the field of science and technology, of whom  (a) one each shall be appointed by the speaker and the minority leader of the house of representatives; and (b) one each shall be appointed by the majority leader and the minority leader of the senate. (16) eight members representing voter interests, of whom  (a) four members shall be appointed by the committee on house administration of the house of representatives, of whom two shall be appointed by the chair and two shall be appointed by the ranking minority member; and (b) four members shall be appointed by the committee on rules and administration of the senate, of whom two shall be appointed by the chair and two shall be appointed by the ranking minority member. (b) manner of appointments appointments shall be made to the board of advisors under subsection (a) in a manner which ensures that the board of advisors will be bipartisan in nature and will reflect the various geographic regions of the united states. (c) term of service; vacancy members of the board of advisors shall serve for a term of 2 years, and may be reappointed. any vacancy in the board of advisors shall be filled in the manner in which the original appointment was made. (d) chair the board of advisors shall elect a chair from among its members. (pub. l. 107 252, title ii, §214, oct. 29, 2002, 116 stat. 1680.) codification section was formerly classified to section 15344 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. 1 so in original. probably should be "national association of county recorders, election officials and clerks." 2 so in original. probably should be "international association of clerks, recorders, election officials and treasurers." 3 so in original. probably should be "barriers". 4 so in original. probably means the public integrity section of the criminal division of the department of justice. §20945. powers of boards; no compensation for service (a) hearings and sessions (1) in general to the extent that funds are made available by the commission, the standards board (acting through the executive board) and the board of advisors may each hold such hearings for the purpose of carrying out this chapter, sit and act at such times and places, take such testimony, and receive such evidence as each such board considers advisable to carry out this subchapter, except that the boards may not issue subpoenas requiring the attendance and testimony of witnesses or the production of any evidence. (2) meetings the standards board and the board of advisors shall each hold a meeting of its members  (a) not less frequently than once every year for purposes of voting on the voluntary voting system guidelines referred to it under section 20962 of this title; (b) in the case of the standards board, not less frequently than once every 2 years for purposes of selecting the executive board; and (c) at such other times as it considers appropriate for purposes of conducting such other business as it considers appropriate consistent with this subchapter. (b) information from federal agencies the standards board and the board of advisors may each secure directly from any federal department or agency such information as the board considers necessary to carry out this chapter. upon request of the executive board (in the case of the standards board) or the chair (in the case of the board of advisors), the head of such department or agency shall furnish such information to the board. (c) postal services the standards board and the board of advisors may use the united states mails in the same manner and under the same conditions as a department or agency of the federal government. (d) administrative support services upon the request of the executive board (in the case of the standards board) or the chair (in the case of the board of advisors), the administrator of the general services administration shall provide to the board, on a reimbursable basis, the administrative support services that are necessary to enable the board to carry out its duties under this subchapter. (e) no compensation for service members of the standards board and members of the board of advisors shall not receive any compensation for their service, but shall be paid travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter i of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the board. (pub. l. 107 252, title ii, §215, oct. 29, 2002, 116 stat. 1681.) references in text this chapter, referred to in subsecs. (a)(1) and (b), was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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. codification section was formerly classified to section 15345 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20946. status of boards and members for purposes of claims against board (a) in general the provisions of chapters 161 and 171 of title 28 shall apply with respect to the liability of the standards board, the board of advisors, and their members for acts or omissions performed pursuant to and in the course of the duties and responsibilities of the board. (b) exception for criminal acts and other willful conduct subsection (a) may not be construed to limit personal liability for criminal acts or omissions, willful or malicious misconduct, acts or omissions for private gain, or any other act or omission outside the scope of the service of a member of the standards board or the board of advisors. (pub. l. 107 252, title ii, §216, oct. 29, 2002, 116 stat. 1681.) codification section was formerly classified to section 15346 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. subpart 3 technical guidelines development committee §20961. technical guidelines development committee (a) establishment there is hereby established the technical guidelines development committee (hereafter in this subpart referred to as the "development committee"). (b) duties (1) in general the development committee shall assist the executive director of the commission in the development of the voluntary voting system guidelines. (2) deadline for initial set of recommendations the development committee shall provide its first set of recommendations under this section to the executive director of the commission not later than 9 months after all of its members have been appointed. (c) membership (1) in general the development committee shall be composed of the director of the national institute of standards and technology (who shall serve as its chair), together with a group of 14 other individuals appointed jointly by the commission and the director of the national institute of standards and technology, consisting of the following: (a) an equal number of each of the following: (i) members of the standards board. (ii) members of the board of advisors. (iii) members of the architectural and transportation barrier compliance board under section 792 of title 29. (b) a representative of the american national standards institute. (c) a representative of the institute of electrical and electronics engineers. (d) two representatives of the national association of state election directors selected by such association who are not members of the standards board or board of advisors, and who are not of the same political party. (e) other individuals with technical and scientific expertise relating to voting systems and voting equipment. (2) quorum a majority of the members of the development committee shall constitute a quorum, except that the development committee may not conduct any business prior to the appointment of all of its members. (d) no compensation for service members of the development committee shall not receive any compensation for their service, but shall be paid travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter i of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the development committee. (e) technical support from national institute of standards and technology (1) in general at the request of the development committee, the director of the national institute of standards and technology shall provide the development committee with technical support necessary for the development committee to carry out its duties under this part. (2) technical support the technical support provided under paragraph (1) shall include intramural research and development in areas to support the development of the voluntary voting system guidelines under this subpart, including  (a) the security of computers, computer networks, and computer data storage used in voting systems, including the computerized list required under section 21083(a) of this title; (b) methods to detect and prevent fraud; (c) the protection of voter privacy; (d) the role of human factors in the design and application of voting systems, including assistive technologies for individuals with disabilities (including blindness) and varying levels of literacy; and (e) remote access voting, including voting through the internet. (3) no private sector intellectual property rights in guidelines no private sector individual or entity shall obtain any intellectual property rights to any guideline or the contents of any guideline (or any modification to any guideline) adopted by the commission under this chapter. (f) publication of recommendations in federal register at the time the commission adopts any voluntary voting system guideline pursuant to section 20962 of this title, the development committee shall cause to have published in the federal register the recommendations it provided under this section to the executive director of the commission concerning the guideline adopted. (pub. l. 107 252, title ii, §221, oct. 29, 2002, 116 stat. 1682.) references in text this chapter, referred to in subsec. (e)(3), was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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. codification section was formerly classified to section 15361 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20962. process for adoption (a) general requirement for notice and comment consistent with the requirements of this section, the final adoption of the voluntary voting system guidelines (or modification of such a guideline) shall be carried out by the commission in a manner that provides for each of the following: (1) publication of notice of the proposed guidelines in the federal register. (2) an opportunity for public comment on the proposed guidelines. (3) an opportunity for a public hearing on the record. (4) publication of the final guidelines in the federal register. (b) consideration of recommendations of development committee; submission of proposed guidelines to board of advisors and standards board (1) consideration of recommendations of development committee in developing the voluntary voting system guidelines and modifications of such guidelines under this section, the executive director of the commission shall take into consideration the recommendations provided by the technical guidelines development committee under section 20961 of this title. (2) board of advisors the executive director of the commission shall submit the guidelines proposed to be adopted under this subpart (or any modifications to such guidelines) to the board of advisors. (3) standards board the executive director of the commission shall submit the guidelines proposed to be adopted under this subpart (or any modifications to such guidelines) to the executive board of the standards board, which shall review the guidelines (or modifications) and forward its recommendations to the standards board. (c) review upon receipt of voluntary voting system guidelines described in subsection (b) (or a modification of such guidelines) from the executive director of the commission, the board of advisors and the standards board shall each review and submit comments and recommendations regarding the guideline (or modification) to the commission. (d) final adoption (1) in general a voluntary voting system guideline described in subsection (b) (or modification of such a guideline) shall not be considered to be finally adopted by the commission unless the commission votes to approve the final adoption of the guideline (or modification), taking into consideration the comments and recommendations submitted by the board of advisors and the standards board under subsection (c). (2) minimum period for consideration of comments and recommendations the commission may not vote on the final adoption of a guideline described in subsection (b) (or modification of such a guideline) until the expiration of the 90 day period which begins on the date the executive director of the commission submits the proposed guideline (or modification) to the board of advisors and the standards board under subsection (b). (e) special rule for initial set of guidelines notwithstanding any other provision of this subpart, the most recent set of voting system standards adopted by the federal election commission prior to october 29, 2002, shall be deemed to have been adopted by the commission as of october 29, 2002, as the first set of voluntary voting system guidelines adopted under this subpart. (pub. l. 107 252, title ii, §222, oct. 29, 2002, 116 stat. 1683.) codification section was formerly classified to section 15362 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. part b testing, certification, decertification, and recertification of voting system hardware and software §20971. certification and testing of voting systems (a) certification and testing (1) in general the commission shall provide for the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories. (2) optional use by states at the option of a state, the state may provide for the testing, certification, decertification, or recertification of its voting system hardware and software by the laboratories accredited by the commission under this section. (b) laboratory accreditation (1) recommendations by national institute of standards and technology not later than 6 months after the commission first adopts voluntary voting system guidelines under subpart 3 of part a of this subchapter, the director of the national institute of standards and technology shall conduct an evaluation of independent, non federal laboratories and shall submit to the commission a list of those laboratories the director proposes to be accredited to carry out the testing, certification, decertification, and recertification provided for under this section. (2) approval by commission (a) in general the commission shall vote on the accreditation of any laboratory under this section, taking into consideration the list submitted under paragraph (1), and no laboratory may be accredited for purposes of this section unless its accreditation is approved by a vote of the commission. (b) accreditation of laboratories not on director list the commission shall publish an explanation for the accreditation of any laboratory not included on the list submitted by the director of the national institute of standards and technology under paragraph (1). (c) continuing review by national institute of standards and technology (1) in general in cooperation with the commission and in consultation with the standards board and the board of advisors, the director of the national institute of standards and technology shall monitor and review, on an ongoing basis, the performance of the laboratories accredited by the commission under this section, and shall make such recommendations to the commission as it considers appropriate with respect to the continuing accreditation of such laboratories, including recommendations to revoke the accreditation of any such laboratory. (2) approval by commission required for revocation the accreditation of a laboratory for purposes of this section may not be revoked unless the revocation is approved by a vote of the commission. (d) transition until such time as the commission provides for the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories under this section, the accreditation of laboratories and the procedure for the testing, certification, decertification, and recertification of voting system hardware and software used as of october 29, 2002, shall remain in effect. (pub. l. 107 252, title ii, §231, oct. 29, 2002, 116 stat. 1684.) codification section was formerly classified to section 15371 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. part c studies and other activities to promote effective administration of federal elections §20981. periodic studies of election administration issues (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), 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), 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) 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.) codification section was formerly classified to section 15381 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. election data collection grants pub. l. 110 161, div. d, title v, §501, dec. 26, 2007, 121 stat. 1997, required the election assistance commission to establish an election data collection grant program. §20982. study, report, and recommendations on best practices for facilitating military and overseas voting (a) study (1) in general the commission, in consultation with the secretary of defense, shall conduct a study on the best practices for facilitating voting by absent uniformed services voters (as defined in section 20310(1) of this title) and overseas voters (as defined in section 20310(5) of this title). (2) issues considered in conducting the study under paragraph (1) the commission shall consider the following issues: (a) the rights of residence of uniformed services voters absent due to military orders. (b) the rights of absent uniformed services voters and overseas voters to register to vote and cast absentee ballots, including the right of such voters to cast a secret ballot. (c) the rights of absent uniformed services voters and overseas voters to submit absentee ballot applications early during an election year. (d) the appropriate preelection deadline for mailing absentee ballots to absent uniformed services voters and overseas voters. (e) the appropriate minimum period between the mailing of absentee ballots to absent uniformed services voters and overseas voters and the deadline for receipt of such ballots. (f) the timely transmission of balloting materials to absent uniformed services voters and overseas voters. (g) security and privacy concerns in the transmission, receipt, and processing of ballots from absent uniformed services voters and overseas voters, including the need to protect against fraud. (h) the use of a single application by absent uniformed services voters and overseas voters for absentee ballots for all federal elections occurring during a year. (i) the use of a single application for voter registration and absentee ballots by absent uniformed services voters and overseas voters. (j) the use of facsimile machines and electronic means of transmission of absentee ballot applications and absentee ballots to absent uniformed services voters and overseas voters. (k) other issues related to the rights of absent uniformed services voters and overseas voters to participate in elections. (b) report and recommendations not later than the date that is 18 months after october 29, 2002, the commission shall submit to the president and congress a report on the study conducted under subsection (a)(1) together with recommendations identifying the best practices used with respect to the issues considered under subsection (a)(2). (pub. l. 107 252, title ii, §242, oct. 29, 2002, 116 stat. 1688.) codification section was formerly classified to section 15382 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20983. report on human factor research not later than 1 year after october 29, 2002, the commission, in consultation with the director of the national institute of standards and technology, shall submit a report to congress which assesses the areas of human factor research, including usability engineering and human computer and human machine interaction, which feasibly could be applied to voting products and systems design to ensure the usability and accuracy of voting products and systems, including methods to improve access for individuals with disabilities (including blindness) and individuals with limited proficiency in the english language and to reduce voter error and the number of spoiled ballots in elections. (pub. l. 107 252, title ii, §243, oct. 29, 2002, 116 stat. 1688.) codification section was formerly classified to section 15383 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20984. study and report on voters who register by mail and use of social security information (a) registration by mail (1) study (a) in general the commission shall conduct a study of the impact of section 21083(b) of this title on voters who register by mail. (b) specific issues studied the study conducted under subparagraph (a) shall include  (i) an examination of the impact of section 21083(b) of this title on first time mail registrant voters who vote in person, including the impact of such section on voter registration; (ii) an examination of the impact of such section on the accuracy of voter rolls, including preventing ineligible names from being placed on voter rolls and ensuring that all eligible names are placed on voter rolls; and (iii) an analysis of the impact of such section on existing state practices, such as the use of signature verification or attestation procedures to verify the identity of voters in elections for federal office, and an analysis of other changes that may be made to improve the voter registration process, such as verification or additional information on the registration card. (2) report not later than 18 months after the date on which section 21083(b)(2) of this title takes effect, the commission shall submit a report to the president and congress on the study conducted under paragraph (1)(a) together with such recommendations for administrative and legislative action as the commission determines is appropriate. (b) use of social security information not later than 18 months after the date on which section 21083(a)(5) of this title takes effect, the commission, in consultation with the commissioner of social security, shall study and report to congress on the feasibility and advisability of using social security identification numbers or other information compiled by the social security administration to establish voter registration or other election law eligibility or identification requirements, including the matching of relevant information specific to an individual voter, the impact of such use on national security issues, and whether adequate safeguards or waiver procedures exist to protect the privacy of an individual voter. (pub. l. 107 252, title ii, §244, oct. 29, 2002, 116 stat. 1689.) references in text for the effective dates of subsecs. (a)(5) and (b)(2) of section 21083 of this title, referred to in subsecs. (a)(2) and (b), see section 21083(d) of this title. codification section was formerly classified to section 15384 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20985. study and report on electronic voting and the electoral process (a) study (1) in general the commission shall conduct a thorough study of issues and challenges, specifically to include the potential for election fraud, presented by incorporating communications and internet technologies in the federal, state, and local electoral process. (2) issues to be studied the commission may include in the study conducted under paragraph (1) an examination of  (a) the appropriate security measures required and minimum standards for certification of systems or technologies in order to minimize the potential for fraud in voting or in the registration of qualified citizens to register and vote; (b) the possible methods, such as internet or other communications technologies, that may be utilized in the electoral process, including the use of those technologies to register voters and enable citizens to vote online, and recommendations concerning statutes and rules to be adopted in order to implement an online or internet system in the electoral process; (c) the impact that new communications or internet technology systems for use in the electoral process could have on voter participation rates, voter education, public accessibility, potential external influences during the elections process, voter privacy and anonymity, and other issues related to the conduct and administration of elections; (d) whether other aspects of the electoral process, such as public availability of candidate information and citizen communication with candidates, could benefit from the increased use of online or internet technologies; (e) the requirements for authorization of collection, storage, and processing of electronically generated and transmitted digital messages to permit any eligible person to register to vote or vote in an election, including applying for and casting an absentee ballot; (f) the implementation cost of an online or internet voting or voter registration system and the costs of elections after implementation (including a comparison of total cost savings for the administration of the electoral process by using internet technologies or systems); (g) identification of current and foreseeable online and internet technologies for use in the registration of voters, for voting, or for the purpose of reducing election fraud, currently available or in use by election authorities; (h) the means by which to ensure and achieve equity of access to online or internet voting or voter registration systems and address the fairness of such systems to all citizens; and (i) the impact of technology on the speed, timeliness, and accuracy of vote counts in federal, state, and local elections. (b) report (1) submission not later than 20 months after october 29, 2002, the commission shall transmit to the committee on house administration of the house of representatives and the committee on rules and administration of the senate a report on the results of the study conducted under subsection (a), including such legislative recommendations or model state laws as are required to address the findings of the commission. (2) internet posting in addition to the dissemination requirements under chapter 19 of title 44, the election administration commission shall post the report transmitted under paragraph (1) on an internet website. (pub. l. 107 252, title ii, §245, oct. 29, 2002, 116 stat. 1690.) codification section was formerly classified to section 15385 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20986. study and report on free absentee ballot postage (a) study on the establishment of a free absentee ballot postage program (1) in general the commission, in consultation with the postal service, shall conduct a study on the feasibility and advisability of the establishment of a program under which the postal service shall waive or otherwise reduce the amount of postage applicable with respect to absentee ballots submitted by voters in general elections for federal office (other than balloting materials mailed under section 3406 of title 39) that does not apply with respect to the postage required to send the absentee ballots to voters. (2) public survey as part of the study conducted under paragraph (1), the commission shall conduct a survey of potential beneficiaries under the program described in such paragraph, including the elderly and disabled, and shall take into account the results of such survey in determining the feasibility and advisability of establishing such a program. (b) report (1) submission not later than the date that is 1 year after october 29, 2002, the commission shall submit to congress a report on the study conducted under subsection (a)(1) together with recommendations for such legislative and administrative action as the commission determines appropriate. (2) costs the report submitted under paragraph (1) shall contain an estimate of the costs of establishing the program described in subsection (a)(1). (3) implementation the report submitted under paragraph (1) shall contain an analysis of the feasibility of implementing the program described in subsection (a)(1) with respect to the absentee ballots to be submitted in the general election for federal office held in 2004. (4) recommendations regarding the elderly and disabled the report submitted under paragraph (1) shall  (a) include recommendations on ways that program described in subsection (a)(1) would target elderly individuals and individuals with disabilities; and (b) identify methods to increase the number of such individuals who vote in elections for federal office. (c) postal service defined the term "postal service" means the united states postal service established under section 201 of title 39. (pub. l. 107 252, title ii, §246, oct. 29, 2002, 116 stat. 1691.) codification section was formerly classified to section 15386 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §20987. consultation with standards board and board of advisors the commission shall carry out its duties under this part in consultation with the standards board and the board of advisors. (pub. l. 107 252, title ii, §247, oct. 29, 2002, 116 stat. 1692.) codification section was formerly classified to section 15387 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. part d election assistance subpart 1 requirements payments §21001. requirements payments (a) in general the commission shall make a requirements payment each year in an amount determined under section 21002 of this title to each state which meets the conditions described in section 21003 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. (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; 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 21002(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 21007(a)(4) of this title only to meet the requirements under the uniformed and overseas citizens absentee voting act [52 u.s.c. 20301 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 21004(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 21081 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 21081 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 21004(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. (f) limitation 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 (2) for the payment of any judgment. (pub. l. 107 252, title ii, §251, oct. 29, 2002, 116 stat. 1692; pub. l. 111 84, div. a, title v, §588(a), oct. 28, 2009, 123 stat. 2333.) references in text subchapter iii, 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 (§21081 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 chapter 203 (§20301 et seq.) of this title. for complete classification of this act to the code, see tables. the military and overseas voter empowerment act, referred to in subsec. (b)(3), is subtitle h (§§575 589) of title v of div. a of pub. l. 111 84, oct. 28, 2009, 123 stat. 2318. for complete classification of this act to the code, see tables. codification section was formerly classified to section 15401 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 2009 subsec. (b)(1). pub. l. 111 84, §588(a)(1), substituted "paragraphs (2) and (3)" for "paragraph (2)". subsec. (b)(3). pub. l. 111 84, §588(a)(2), added par. (3). §21002. allocation of funds (a) in general subject to subsection (c), the amount of a requirements payment made to a state for a year shall be equal to the product of  (1) the total amount appropriated for requirements payments for the year pursuant to the authorization under section 21007 of this title; and (2) the state allocation percentage for the state (as determined under subsection (b)). (b) state allocation percentage defined the "state allocation percentage" for a state is the amount (expressed as a percentage) equal to the quotient of  (1) the voting age population of the state (as reported in the most recent decennial census); and (2) the total voting age population of all states (as reported in the most recent decennial census). (c) minimum amount of payment the amount of a requirements payment made to a state for a year may not be less than  (1) in the case of any of the several states or the district of columbia, one half of 1 percent of the total amount appropriated for requirements payments for the year under section 21007 of this title; or (2) in the case of the commonwealth of puerto rico, guam, american samoa, or the united states virgin islands, one tenth of 1 percent of such total amount. (d) pro rata reductions the administrator 1 shall make such pro rata reductions to the allocations determined under subsection (a) as are necessary to comply with the requirements of subsection (c). (e) continuing availability of funds after appropriation a requirements payment made to a state under this subpart shall be available to the state without fiscal year limitation. (pub. l. 107 252, title ii, §252, oct. 29, 2002, 116 stat. 1693.) codification section was formerly classified to section 15402 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. 1 so in original. probably should be "commission". §21003. condition for receipt of funds (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 21004(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 21007(a)(4) of this title, contains the element described in paragraph (14) of such section) with respect to the fiscal year; (b) is developed in accordance with section 21005 of this title; and (c) meets the public notice and comment requirements of section 21006 of this title. (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 21112 of this title (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 21005(b) and 21006 of this title 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 provided under section 21007(a)(4) of this title. (3) the state is in compliance with each of the laws described in section 21145 of this title, as such laws apply with respect to this chapter. (4) to the extent that any portion of the requirements payment is used for activities other than meeting the requirements of subchapter iii  (a) the state's proposed uses of the requirements payment are not inconsistent with the requirements of subchapter iii; and (b) the use of the funds under this paragraph is consistent with the requirements of section 21001(b) of this title. (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 21001(c)(2) of this title, 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 21007(a)(4) of this title 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 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. (e) chief state election official defined 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. (pub. l. 107 252, title ii, §253, oct. 29, 2002, 116 stat. 1693; pub. l. 111 84, div. a, title v, §588(b)(1)(b) (3), oct. 28, 2009, 123 stat. 2333; pub. l. 112 74, div. c, title vi, §622(2), dec. 23, 2011, 125 stat. 927.) references in text section 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, oct. 29, 2002, 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, oct. 29, 2002, 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, may 20, 1993, 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. codification section 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. amendments 2011 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). §21004. state plan (a) in general the state plan shall contain a description of each of the following: (1) how the state will use the requirements payment to meet the requirements of subchapter iii, and, if applicable under section 21001(a)(2) of this title, to carry out other activities to improve the administration of elections. (2) how the state will distribute and monitor the distribution of the requirements payment to units of local government or other entities in the state for carrying out the activities described in paragraph (1), including a description of  (a) the criteria to be used to determine the eligibility of such units or entities for receiving the payment; and (b) the methods to be used by the state to monitor the performance of the units or entities to whom the payment is distributed, consistent with the performance goals and measures adopted under paragraph (8). (3) how the state will provide for programs for voter education, election official education and training, and poll worker training which will assist the state in meeting the requirements of subchapter iii. (4) how the state will adopt voting system guidelines and processes which are consistent with the requirements of section 21081 of this title. (5) how the state will establish a fund described in subsection (b) for purposes of administering the state's activities under this subpart, including information on fund management. (6) the state's proposed budget for activities under this subpart, based on the state's best estimates of the costs of such activities and the amount of funds to be made available, including specific information on  (a) the costs of the activities required to be carried out to meet the requirements of subchapter iii; (b) the portion of the requirements payment which will be used to carry out activities to meet such requirements; and (c) the portion of the requirements payment which will be used to carry out other activities. (7) how the state, in using the requirements payment, will maintain the expenditures of the state for activities funded by the payment at a level that is not less than the level of such expenditures maintained by the state for the fiscal year ending prior to november 2000. (8) how the state will adopt performance goals and measures that will be used by the state to determine its success and the success of units of local government in the state in carrying out the plan, including timetables for meeting each of the elements of the plan, descriptions of the criteria the state will use to measure performance and the process used to develop such criteria, and a description of which official is to be held responsible for ensuring that each performance goal is met. (9) a description of the uniform, nondiscriminatory state based administrative complaint procedures in effect under section 21112 of this title. (10) if the state received any payment under subchapter i, a description of how such payment will affect the activities proposed to be carried out under the plan, including the amount of funds available for such activities. (11) how the state will conduct ongoing management of the plan, except that the state may not make any material change in the administration of the plan unless notice of the change  (a) is developed and published in the federal register in accordance with section 21005 of this title in the same manner as the state plan; (b) is subject to public notice and comment in accordance with section 21006 of this title in the same manner as the state plan; and (c) takes effect only after the expiration of the 30 day period which begins on the date notice of the change is published in the federal register in accordance with subparagraph (a). (12) in the case of a state with a state plan in effect under this part during the previous fiscal year, a description of how the plan reflects changes from the state plan for the previous fiscal year and of how the state succeeded in carrying out the state plan for such previous fiscal year. (13) a description of the committee which participated in the development of the state plan in accordance with section 21005 of this title and the procedures followed by the committee under such section and section 21006 of this title. (14) how the state will comply with the provisions and requirements of and amendments made by the military and overseas voter empowerment act. (b) requirements for election fund (1) election fund described for purposes of subsection (a)(5), a fund described in this subsection with respect to a state is a fund which is established in the treasury of the state government, which is used in accordance with paragraph (2), and which consists of the following amounts: (a) amounts appropriated or otherwise made available by the state for carrying out the activities for which the requirements payment is made to the state under this subpart. (b) the requirements payment made to the state under this subpart. (c) such other amounts as may be appropriated under law. (d) interest earned on deposits of the fund. (2) use of fund amounts in the fund shall be used by the state exclusively to carry out the activities for which the requirements payment is made to the state under this subpart. (3) treatment of states that require changes to state law in the case of a state that requires state legislation to establish the fund described in this subsection, the commission shall defer disbursement of the requirements payment to such state until such time as legislation establishing the fund is enacted. (c) protection against actions based on information in plan (1) in general no action may be brought under this chapter against a state or other jurisdiction on the basis of any information contained in the state plan filed under this subpart. (2) exception for criminal acts paragraph (1) may not be construed to limit the liability of a state or other jurisdiction for criminal acts or omissions. (pub. l. 107 252, title ii, §254, oct. 29, 2002, 116 stat. 1694; pub. l. 111 84, div. a, title v, §588(b)(1)(a), oct. 28, 2009, 123 stat. 2333; pub. l. 112 74, div. c, title vi, §622(3), (4), dec. 23, 2011, 125 stat. 927.) references in text subchapter iii, referred to in subsec. (a)(1), (3), (6)(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 (§21081 et seq.) of this chapter. for complete classification of title iii to the code, see tables. the military and overseas voter empowerment act, referred to in subsec. (a)(14), is subtitle h (§§575 589) of title v of div. a of pub. l. 111 84, oct. 28, 2009, 123 stat. 2318. for complete classification of this act to the code, see tables. this chapter, referred to in subsec. (c)(1), was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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. codification section was formerly classified to section 15404 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 2011 subsec. (a)(11). pub. l. 112 74 inserted "notice of" before "the change" in introductory provisions and subpar. (c). 2009 subsec. (a)(14). pub. l. 111 84 added par. (14). §21005. process for development and filing of plan; publication by commission (a) in general the chief state election official shall develop the state plan under this part through a committee of appropriate individuals, including the chief election officials of the two most populous jurisdictions within the states, other local election officials, stake holders (including representatives of groups of individuals with disabilities), and other citizens, appointed for such purpose by the chief state election official. (b) publication of plan by commission after receiving the state plan of a state under this part, the commission shall cause to have the plan posted on the commission's website with a notice published in the federal register. (pub. l. 107 252, title ii, §255, oct. 29, 2002, 116 stat. 1697; pub. l. 112 74, div. c, title vi, §622(1), dec. 23, 2011, 125 stat. 926.) codification section was formerly classified to section 15405 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 2011 subsec. (b). pub. l. 112 74 inserted "posted on the commission's website with a notice" after "cause to have the plan". §21006. requirement for public notice and comment for purposes of section 21001(a)(1)(c) 1 of this title, a state plan meets the public notice and comment requirements of this section if  (1) not later than 30 days prior to the submission of the plan, the state made a preliminary version of the plan available for public inspection and comment; (2) the state publishes notice that the preliminary version of the plan is so available; and (3) the state took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was filed with the commission. (pub. l. 107 252, title ii, §256, oct. 29, 2002, 116 stat. 1697.) references in text section 21001(a)(1)(c) of this title, referred to in text, probably should be a reference to section 21003(b)(1)(c) of this title because there is no subsec. (a)(1)(c) in section 21001 and subsec. (b)(1)(c) of section 21003 relates to public notice and comment requirements of section 21006 of this title. codification section was formerly classified to section 15406 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. 1 see references in text note below. §21007. authorization of appropriations (a) in general in addition to amounts transferred under section 20904(c) of this title, there are authorized to be appropriated for requirements payments under this subpart the following amounts: (1) for fiscal year 2003, $1,400,000,000. (2) for fiscal year 2004, $1,000,000,000. (3) for fiscal year 2005, $600,000,000. (4) for fiscal year 2010 and subsequent fiscal years, such sums as are necessary for purposes of making requirements payments to states to carry out the activities described in section 21001(b)(3) of this title. (b) availability any amounts appropriated pursuant to the authority of subsection (a) shall remain available without fiscal year limitation until expended. (pub. l. 107 252, title ii, §257, oct. 29, 2002, 116 stat. 1697; pub. l. 111 84, div. a, title v, §588(c), oct. 28, 2009, 123 stat. 2334.) codification section was formerly classified to section 15407 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 2009 subsec. (a)(4). pub. l. 111 84 added par. (4). §21008. reports not later than 6 months after the end of each fiscal year for which a state received a requirements payment under this subpart, the state shall submit a report to the commission on the activities conducted with the funds provided during the year, and shall include in the report  (1) a list of expenditures made with respect to each category of activities described in section 21001(b) of this title; (2) the number and type of articles of voting equipment obtained with the funds; and (3) an analysis and description of the activities funded under this subpart to meet the requirements of this chapter and an analysis and description of how such activities conform to the state plan under section 21004 of this title. (pub. l. 107 252, title ii, §258, oct. 29, 2002, 116 stat. 1697.) references in text this chapter, referred to in par. (3), was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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. codification section was formerly classified to section 15408 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. subpart 2 payments to states and units of local government to assure access for individuals with disabilities §21021. payments to states and units of local government to assure access for individuals with disabilities (a) in general the secretary of health and human services shall make a payment to each eligible state and each eligible unit of local government (as described in section 21023 of this title). (b) use of funds an eligible state and eligible unit of local government shall use the payment received under this subpart for  (1) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including 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; and (2) providing individuals with disabilities and the other individuals described in paragraph (1) with information about the accessibility of polling places, including outreach programs to inform the individuals about the availability of accessible polling places and training election officials, poll workers, and election volunteers on how best to promote the access and participation of individuals with disabilities in elections for federal office. (c) schedule of payments as soon as practicable after october 29, 2002 (but in no event later than 6 months thereafter), and not less frequently than once each calendar year thereafter, the secretary shall make payments under this subpart. (pub. l. 107 252, title ii, §261, oct. 29, 2002, 116 stat. 1698.) codification section was formerly classified to section 15421 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21022. amount of payment (a) in general the amount of a payment made to an eligible state or an eligible unit of local government for a year under this subpart shall be determined by the secretary. (b) continuing availability of funds after appropriation a payment made to an eligible state or eligible unit of local government under this subpart shall be available without fiscal year limitation. (pub. l. 107 252, title ii, §262, oct. 29, 2002, 116 stat. 1698.) codification section was formerly classified to section 15422 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21023. requirements for eligibility (a) application each state or unit of local government that desires to receive a payment under this subpart for a fiscal year shall submit an application for the payment to the secretary at such time and in such manner and containing such information as the secretary shall require. (b) contents of application each application submitted under subsection (a) shall  (1) describe the activities for which assistance under this section is sought; and (2) provide such additional information and certifications as the secretary determines to be essential to ensure compliance with the requirements of this subpart. (c) protection against actions based on information in application (1) in general no action may be brought under this chapter against a state or unit of local government on the basis of any information contained in the application submitted under subsection (a). (2) exception for criminal acts paragraph (1) may not be construed to limit the liability of a state or unit of local government for criminal acts or omissions. (pub. l. 107 252, title ii, §263, oct. 29, 2002, 116 stat. 1698.) references in text this chapter, referred to in subsec. (c)(1), was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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. codification section was formerly classified to section 15423 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21024. authorization of appropriations (a) in general there are authorized to be appropriated to carry out the provisions of this subpart the following amounts: (1) for fiscal year 2003, $50,000,000. (2) for fiscal year 2004, $25,000,000. (3) for fiscal year 2005, $25,000,000. (b) availability any amounts appropriated pursuant to the authority of subsection (a) shall remain available without fiscal year limitation until expended. (pub. l. 107 252, title ii, §264, oct. 29, 2002, 116 stat. 1699.) codification section was formerly classified to section 15424 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21025. reports (a) reports by recipients not later than the 1 6 months after the end of each fiscal year for which an eligible state or eligible unit of local government received a payment under this subpart, the state or unit shall submit a report to the secretary on the activities conducted with the funds provided during the year, and shall include in the report a list of expenditures made with respect to each category of activities described in section 21021(b) of this title. (b) report by secretary to committees with respect to each fiscal year for which the secretary makes payments under this subpart, the secretary shall submit a report on the activities carried out under this subpart to the committee on house administration of the house of representatives and the committee on rules and administration of the senate. (pub. l. 107 252, title ii, §265, oct. 29, 2002, 116 stat. 1699.) codification section was formerly classified to section 15425 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. 1 so in original. subpart 3 grants for research on voting technology improvements §21041. grants for research on voting technology improvements (a) in general the commission shall make grants to assist entities in carrying out research and development to improve the quality, reliability, accuracy, accessibility, affordability, and security of voting equipment, election systems, and voting technology. (b) eligibility an entity is eligible to receive a grant under this subpart if it submits to the commission (at such time and in such form as the commission may require) an application containing  (1) certifications that the research and development funded with the grant will take into account the need to make voting equipment fully accessible for individuals with disabilities, including the blind and visually impaired, the need to ensure that such individuals can vote independently and with privacy, and the need to provide alternative language accessibility for individuals with limited proficiency in the english language (consistent with the requirements of the voting rights act of 1965 [52 u.s.c. 10301 et seq.]); and (2) such other information and certifications as the commission may require. (c) applicability of regulations governing patent rights in inventions made with federal assistance any invention made by the recipient of a grant under this subpart using funds provided under this subpart shall be subject to chapter 18 of title 35 (relating to patent rights in inventions made with federal assistance). (d) recommendation of topics for research (1) in general the director of the national institute of standards and technology (hereafter in this section referred to as the "director") shall submit to the commission an annual list of the director's suggestions for issues which may be the subject of research funded with grants awarded under this subpart during the year. (2) review of grant applications received by commission the commission shall submit each application it receives for a grant under this subpart to the director, who shall review the application and provide the commission with such comments as the director considers appropriate. (3) monitoring and adjustment of grant activities at request of commission after the commission has awarded a grant under this subpart, the commission may request that the director monitor the grant, and (to the extent permitted under the terms of the grant as awarded) the director may recommend to the commission that the recipient of the grant modify and adjust the activities carried out under the grant. (4) evaluation of grants at request of commission (a) in general in the case of a grant for which the commission submits the application to the director under paragraph (2) or requests that the director monitor the grant under paragraph (3), the director shall prepare and submit to the commission an evaluation of the grant and the activities carried out under the grant. (b) inclusion in reports the commission shall include the evaluations submitted under subparagraph (a) for a year in the report submitted for the year under section 20927 of this title. (e) provision of information on projects the commission may provide to the technical guidelines development committee under subpart 3 of part a of this subchapter such information regarding the activities funded under this subpart as the commission deems necessary to assist the committee in carrying out its duties. (pub. l. 107 252, title ii, §271, oct. 29, 2002, 116 stat. 1699.) references in text the voting rights act of 1965, referred to in subsec. (b)(1), is pub. l. 89 110, aug. 6, 1965, 79 stat. 437, which is classified generally to chapters 103 (§10301 et seq.), 105 (§10501 et seq.), and 107 (§10701 et seq.) of this title. for complete classification of this act to the code, see tables. codification section was formerly classified to section 15441 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21042. report (a) in general each entity which receives a grant under this subpart shall submit to the commission a report describing the activities carried out with the funds provided under the grant. (b) deadline an entity shall submit a report required under subsection (a) not later than 60 days after the end of the fiscal year for which the entity received the grant which is the subject of the report. (pub. l. 107 252, title ii, §272, oct. 29, 2002, 116 stat. 1700.) codification section was formerly classified to section 15442 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21043. authorization of appropriations (a) in general there are authorized to be appropriated for grants under this subpart $20,000,000 for fiscal year 2003. (b) availability of funds amounts appropriated pursuant to the authorization under this section shall remain available, without fiscal year limitation, until expended. (pub. l. 107 252, title ii, §273, oct. 29, 2002, 116 stat. 1700.) codification section was formerly classified to section 15443 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. subpart 4 pilot program for testing of equipment and technology §21051. pilot program (a) in general the commission shall make grants to carry out pilot programs under which new technologies in voting systems and equipment are tested and implemented on a trial basis so that the results of such tests and trials are reported to congress. (b) eligibility an entity is eligible to receive a grant under this subpart if it submits to the commission (at such time and in such form as the commission may require) an application containing  (1) certifications that the pilot programs funded with the grant will take into account the need to make voting equipment fully accessible for individuals with disabilities, including the blind and visually impaired, the need to ensure that such individuals can vote independently and with privacy, and the need to provide alternative language accessibility for individuals with limited proficiency in the english language (consistent with the requirements of the voting rights act of 1965 [52 u.s.c. 10301 et seq.] and the requirements of this chapter); and (2) such other information and certifications as the commission may require. (c) recommendation of topics for pilot programs (1) in general the director of the national institute of standards and technology (hereafter in this section referred to as the "director") shall submit to the commission an annual list of the director's suggestions for issues which may be the subject of pilot programs funded with grants awarded under this subpart during the year. (2) review of grant applications received by commission the commission shall submit each application it receives for a grant under this subpart to the director, who shall review the application and provide the commission with such comments as the director considers appropriate. (3) monitoring and adjustment of grant activities at request of commission after the commission has awarded a grant under this subpart, the commission may request that the director monitor the grant, and (to the extent permitted under the terms of the grant as awarded) the director may recommend to the commission that the recipient of the grant modify and adjust the activities carried out under the grant. (4) evaluation of grants at request of commission (a) in general in the case of a grant for which the commission submits the application to the director under paragraph (2) or requests that the director monitor the grant under paragraph (3), the director shall prepare and submit to the commission an evaluation of the grant and the activities carried out under the grant. (b) inclusion in reports the commission shall include the evaluations submitted under subparagraph (a) for a year in the report submitted for the year under section 20927 of this title. (d) provision of information on projects the commission may provide to the technical guidelines development committee under subpart 3 of part a of this subchapter such information regarding the activities funded under this subpart as the commission deems necessary to assist the committee in carrying out its duties. (pub. l. 107 252, title ii, §281, oct. 29, 2002, 116 stat. 1701.) references in text the voting rights act of 1965, referred to in subsec. (b)(1), is pub. l. 89 110, aug. 6, 1965, 79 stat. 437, which is classified generally to chapters 103 (§10301 et seq.), 105 (§10501 et seq.), and 107 (§10701 et seq.) of this title. for complete classification of this act to the code, see tables. this chapter, referred to in subsec. (b)(1), was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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. codification section was formerly classified to section 15451 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21052. report (a) in general each entity which receives a grant under this subpart shall submit to the commission a report describing the activities carried out with the funds provided under the grant. (b) deadline an entity shall submit a report required under subsection (a) not later than 60 days after the end of the fiscal year for which the entity received the grant which is the subject of the report. (pub. l. 107 252, title ii, §282, oct. 29, 2002, 116 stat. 1702.) codification section was formerly classified to section 15452 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21053. authorization of appropriations (a) in general there are authorized to be appropriated for grants under this subpart $10,000,000 for fiscal year 2003. (b) availability of funds amounts appropriated pursuant to the authorization under this section shall remain available, without fiscal year limitation, until expended. (pub. l. 107 252, title ii, §283, oct. 29, 2002, 116 stat. 1702.) codification section was formerly classified to section 15453 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. subpart 5 protection and advocacy systems §21061. payments for protection and advocacy systems (a) in general in addition to any other payments made under this part, the secretary of health and human services shall pay the protection and advocacy system (as defined in section 102 of the developmental disabilities assistance and bill of rights act of 2000 (42 u.s.c. 15002)) of each state to ensure full participation in the electoral process for individuals with disabilities, including registering to vote, casting a vote and accessing polling places. in providing such services, protection and advocacy systems shall have the same general authorities as they are afforded under subtitle c of title i of the developmental disabilities assistance and bill of rights act of 2000 (42 u.s.c. 15041 et seq.). (b) minimum grant amount the minimum amount of each grant to a protection and advocacy system shall be determined and allocated as set forth in subsections (c)(3), (c)(4), (c)(5), (e), and (g) of section 794e of title 29, except that the amount of the grants to systems referred to in subsections (c)(3)(b) and (c)(4)(b) of that section shall be not less than $70,000 and $35,000, respectively. (c) training and technical assistance program (1) in general not later than 90 days after the date on which the initial appropriation of funds for a fiscal year is made pursuant to the authorization under section 21062 of this title, the secretary shall set aside 7 percent of the amount appropriated under such section and use such portion to make payments to eligible entities to provide training and technical assistance with respect to the activities carried out under this section. (2) use of funds a recipient of a payment under this subsection may use the payment to support training in the use of voting systems and technologies, and to demonstrate and evaluate the use of such systems and technologies, by individuals with disabilities (including blindness) in order to assess the availability and use of such systems and technologies for such individuals. at least one of the recipients under this subsection shall use the payment to provide training and technical assistance for nonvisual access. (3) eligibility an entity is eligible to receive a payment under this subsection if the entity  (a) is a public or private nonprofit entity with demonstrated experience in voting issues for individuals with disabilities; (b) is governed by a board with respect to which the majority of its members are individuals with disabilities or family members of such individuals or individuals who are blind; and (c) submits to the secretary an application at such time, in such manner, and containing such information as the secretary may require. (pub. l. 107 252, title ii, §291, oct. 29, 2002, 116 stat. 1702.) references in text the developmental disabilities assistance and bill of rights act of 2000, referred to in subsec. (a), is pub. l. 106 402, oct. 30, 2000, 114 stat. 1677. subtitle c of title i of the act is classified generally to part c (§15041 et seq.) of subchapter i of chapter 144 of title 42, the public health and welfare. for complete classification of this act to the code, see short title note set out under section 15001 of title 42 and tables. codification section was formerly classified to section 15461 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21062. authorization of appropriations (a) in general in addition to any other amounts authorized to be appropriated under this part, there are authorized to be appropriated $10,000,000 for each of the fiscal years 2003, 2004, 2005, and 2006, and for each subsequent fiscal year such sums as may be necessary, for the purpose of making payments under section 21061(a) of this title; except that none of the funds provided by this subsection shall be used to initiate or otherwise participate in any litigation related to election related disability access, notwithstanding the general authorities that the protection and advocacy systems are otherwise afforded under subtitle c of title i of the developmental disabilities assistance and bill of rights act of 2000 (42 u.s.c. 15041 et seq.). (b) availability any amounts appropriated pursuant to the authority of this section shall remain available until expended. (pub. l. 107 252, title ii, §292, oct. 29, 2002, 116 stat. 1703.) references in text the developmental disabilities assistance and bill of rights act of 2000, referred to in subsec. (a), is pub. l. 106 402, oct. 30, 2000, 114 stat. 1677. subtitle c of title i of the act is classified generally to part c (§15041 et seq.) of subchapter i of chapter 144 of title 42, the public health and welfare. for complete classification of this act to the code, see short title note set out under section 15001 of title 42 and tables. codification section was formerly classified to section 15462 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. subpart 6 national student and parent mock election §21071. national student and parent mock election (a) in general the election assistance commission is authorized to award grants to the national student and parent mock election, a national nonprofit, nonpartisan organization that works to promote voter participation in american elections to enable it to carry out voter education activities for students and their parents. such activities may  (1) include simulated national elections at least 5 days before the actual election that permit participation by students and parents from each of the 50 states in the united states, its territories, the district of columbia, and united states schools overseas; and (2) consist of  (a) school forums and local cable call in shows on the national issues to be voted upon in an "issues forum"; (b) speeches and debates before students and parents by local candidates or stand ins for such candidates; (c) quiz team competitions, mock press conferences, and speech writing competitions; (d) weekly meetings to follow the course of the campaign; or (e) school and neighborhood campaigns to increase voter turnout, including newsletters, posters, telephone chains, and transportation. (b) requirement the national student and parent mock election shall present awards to outstanding student and parent mock election projects. (pub. l. 107 252, title ii, §295, oct. 29, 2002, 116 stat. 1703.) codification section was formerly classified to section 15471 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21072. authorization of appropriations there are authorized to be appropriated to carry out the provisions of this part $200,000 for fiscal year 2003 and such sums as may be necessary for each of the 6 succeeding fiscal years. (pub. l. 107 252, title ii, §296, oct. 29, 2002, 116 stat. 1704.) codification section was formerly classified to section 15472 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. subchapter iii uniform and nondiscriminatory election technology and administration requirements part a requirements §21081. voting systems standards (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.) codification section was formerly classified to section 15481 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21082. provisional voting and voting information requirements (a) provisional voting requirements if an individual declares that such individual is a registered voter in the jurisdiction in which the individual desires to vote and that the individual is eligible to vote in an election for federal office, but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote, such individual shall be permitted to cast a provisional ballot as follows: (1) an election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election. (2) the individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is  (a) a registered voter in the jurisdiction in which the individual desires to vote; and (b) eligible to vote in that election. (3) an election official at the polling place shall transmit the ballot cast by the individual or the voter information contained in the written affirmation executed by the individual under paragraph (2) to an appropriate state or local election official for prompt verification under paragraph (4). (4) if the appropriate state or local election official to whom the ballot or voter information is transmitted under paragraph (3) determines that the individual is eligible under state law to vote, the individual's provisional ballot shall be counted as a vote in that election in accordance with state law. (5)(a) at the time that an individual casts a provisional ballot, the appropriate state or local election official shall give the individual written information that states that any individual who casts a provisional ballot will be able to ascertain under the system established under subparagraph (b) whether the vote was counted, and, if the vote was not counted, the reason that the vote was not counted. (b) the appropriate state or local election official shall establish a free access system (such as a toll free telephone number or an internet website) that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted. states described in section 20503(b) of this title may meet the requirements of this subsection using voter registration procedures established under applicable state law. the appropriate state or local official shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by the free access system established under paragraph (5)(b). access to information about an individual provisional ballot shall be restricted to the individual who cast the ballot. (b) voting information requirements (1) public posting on election day the appropriate state or local election official shall cause voting information to be publicly posted at each polling place on the day of each election for federal office. (2) voting information defined in this section, the term "voting information" means  (a) a sample version of the ballot that will be used for that election; (b) information regarding the date of the election and the hours during which polling places will be open; (c) instructions on how to vote, including how to cast a vote and how to cast a provisional ballot; (d) instructions for mail in registrants and first time voters under section 21083(b) of this title; (e) general information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated; and (f) general information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation. (c) voters who vote after the polls close any individual who votes in an election for federal office as a result of a federal or state court order or any other order extending the time established for closing the polls by a state law in effect 10 days before the date of that election may only vote in that election by casting a provisional ballot under subsection (a). any such ballot cast under the preceding sentence shall be separated and held apart from other provisional ballots cast by those not affected by the order. (d) effective date for provisional voting and voting information each state and jurisdiction shall be required to comply with the requirements of this section on and after january 1, 2004. (pub. l. 107 252, title iii, §302, oct. 29, 2002, 116 stat. 1706.) codification section was formerly classified to section 15482 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21083. computerized statewide voter registration list requirements and requirements for voters who register by mail (a) computerized statewide voter registration list requirements (1) implementation (a) in general except as provided in subparagraph (b), each state, acting through the chief state election official, shall implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the state level that contains the name and registration information of every legally registered voter in the state and assigns a unique identifier to each legally registered voter in the state (in this subsection referred to as the "computerized list"), and includes the following: (i) the computerized list shall serve as the single system for storing and managing the official list of registered voters throughout the state. (ii) the computerized list contains the name and registration information of every legally registered voter in the state. (iii) under the computerized list, a unique identifier is assigned to each legally registered voter in the state. (iv) the computerized list shall be coordinated with other agency databases within the state. (v) any election official in the state, including any local election official, may obtain immediate electronic access to the information contained in the computerized list. (vi) all voter registration information obtained by any local election official in the state shall be electronically entered into the computerized list on an expedited basis at the time the information is provided to the local official. (vii) the chief state election official shall provide such support as may be required so that local election officials are able to enter information as described in clause (vi). (viii) the computerized list shall serve as the official voter registration list for the conduct of all elections for federal office in the state. (b) exception the requirement under subparagraph (a) shall not apply to a state in which, under a state law in effect continuously on and after october 29, 2002, there is no voter registration requirement for individuals in the state with respect to elections for federal office. (2) computerized list maintenance (a) in general the appropriate state or local election official shall perform list maintenance with respect to the computerized list on a regular basis as follows: (i) if an individual is to be removed from the computerized list, such individual shall be removed in accordance with the provisions of the national voter registration act of 1993 (42 u.s.c. 1973gg et seq.) [now 52 u.s.c. 20501 et seq.], including subsections (a)(4), (c)(2), (d), and (e) of section 8 of such act (42 u.s.c. 1973gg 6) [now 52 u.s.c. 20507]. (ii) for purposes of removing names of ineligible voters from the official list of eligible voters  (i) under section 8(a)(3)(b) of such act (42 u.s.c. 1973gg 6(a)(3)(b)) [now 52 u.s.c. 20507(a)(3)(b)], the state shall coordinate the computerized list with state agency records on felony status; and (ii) by reason of the death of the registrant under section 8(a)(4)(a) of such act (42 u.s.c. 1973gg 6(a)(4)(a)) [now 52 u.s.c. 20507(a)(4)(a)], the state shall coordinate the computerized list with state agency records on death. (iii) notwithstanding the preceding provisions of this subparagraph, if a state is described in section 4(b) of the national voter registration act of 1993 (42 u.s.c. 1973gg 2(b)) [now 52 u.s.c. 20503(b)], that state shall remove the names of ineligible voters from the computerized list in accordance with state law. (b) conduct the list maintenance performed under subparagraph (a) shall be conducted in a manner that ensures that  (i) the name of each registered voter appears in the computerized list; (ii) only voters who are not registered or who are not eligible to vote are removed from the computerized list; and (iii) duplicate names are eliminated from the computerized list. (3) technological security of computerized list the appropriate state or local official shall provide adequate technological security measures to prevent the unauthorized access to the computerized list established under this section. (4) minimum standard for accuracy of state voter registration records the state election system shall include provisions to ensure that voter registration records in the state are accurate and are updated regularly, including the following: (a) a system of file maintenance that makes a reasonable effort to remove registrants who are ineligible to vote from the official list of eligible voters. under such system, consistent with the national voter registration act of 1993 (42 u.s.c. 1973gg et seq.) [now 52 u.s.c. 20501 et seq.], registrants who have not responded to a notice and who have not voted in 2 consecutive general elections for federal office shall be removed from the official list of eligible voters, except that no registrant may be removed solely by reason of a failure to vote. (b) safeguards to ensure that eligible voters are not removed in error from the official list of eligible voters. (5) verification of voter registration information (a) requiring provision of certain information by applicants (i) in general except as provided in clause (ii), notwithstanding any other provision of law, an application for voter registration for an election for federal office may not be accepted or processed by a state unless the application includes  (i) in the case of an applicant who has been issued a current and valid driver's license, the applicant's driver's license number; or (ii) in the case of any other applicant (other than an applicant to whom clause (ii) applies), the last 4 digits of the applicant's social security number. (ii) special rule for applicants without driver's license or social security number if an applicant for voter registration for an election for federal office has not been issued a current and valid driver's license or a social security number, the state shall assign the applicant a number which will serve to identify the applicant for voter registration purposes. to the extent that the state has a computerized list in effect under this subsection and the list assigns unique identifying numbers to registrants, the number assigned under this clause shall be the unique identifying number assigned under the list. (iii) determination of validity of numbers provided the state shall determine whether the information provided by an individual is sufficient to meet the requirements of this subparagraph, in accordance with state law. (b) requirements for state officials (i) sharing information in databases the chief state election official and the official responsible for the state motor vehicle authority of a state shall enter into an agreement to match information in the database of the statewide voter registration system with information in the database of the motor vehicle authority to the extent required to enable each such official to verify the accuracy of the information provided on applications for voter registration. (ii) agreements with commissioner of social security the official responsible for the state motor vehicle authority shall enter into an agreement with the commissioner of social security under section 405(r)(8) of title 42 (as added by subparagraph (c)). (c) omitted (d) special rule for certain states in the case of a state which is permitted to use social security numbers, and provides for the use of social security numbers, on applications for voter registration, in accordance with section 7 of the privacy act of 1974 (5 u.s.c. 552a note), the provisions of this paragraph shall be optional. (b) requirements for voters who register by mail (1) in general notwithstanding section 6(c) of the national voter registration act of 1993 (42 u.s.c. 1973gg 4(c)) [now 52 u.s.c. 20505(c)] and subject to paragraph (3), a state shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of paragraph (2) if  (a) the individual registered to vote in a jurisdiction by mail; and (b)(i) the individual has not previously voted in an election for federal office in the state; or (ii) the individual has not previously voted in such an election in the jurisdiction and the jurisdiction is located in a state that does not have a computerized list that complies with the requirements of subsection (a). (2) requirements (a) in general an individual meets the requirements of this paragraph if the individual  (i) in the case of an individual who votes in person  (i) presents to the appropriate state or local election official a current and valid photo identification; or (ii) presents to the appropriate state or local election official a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter; or (ii) in the case of an individual who votes by mail, submits with the ballot  (i) a copy of a current and valid photo identification; or (ii) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. (b) fail safe voting (i) in person an individual who desires to vote in person, but who does not meet the requirements of subparagraph (a)(i), may cast a provisional ballot under section 21082(a) of this title. (ii) by mail an individual who desires to vote by mail but who does not meet the requirements of subparagraph (a)(ii) may cast such a ballot by mail and the ballot shall be counted as a provisional ballot in accordance with section 21082(a) of this title. (3) inapplicability paragraph (1) shall not apply in the case of a person  (a) who registers to vote by mail under section 6 of the national voter registration act of 1993 (42 u.s.c. 1973gg 4) [now 52 u.s.c. 20505] and submits as part of such registration either  (i) a copy of a current and valid photo identification; or (ii) a copy of a current utility bill, bank statement, government check, paycheck, or government document that shows the name and address of the voter; (b)(i) who registers to vote by mail under section 6 of the national voter registration act of 1993 (42 u.s.c. 1973gg 4) [now 52 u.s.c. 20505] and submits with such registration either  (i) a driver's license number; or (ii) at least the last 4 digits of the individual's social security number; and (ii) with respect to whom a state or local election official matches the information submitted under clause (i) with an existing state identification record bearing the same number, name and date of birth as provided in such registration; or (c) who is  (i) entitled to vote by absentee ballot under the uniformed and overseas citizens absentee voting act [52 u.s.c. 20301 et seq.]; (ii) provided the right to vote otherwise than in person under section 20102(b)(2)(b)(ii) of this title; or (iii) entitled to vote otherwise than in person under any other federal law. (4) contents of mail in registration form (a) in general the mail voter registration form developed under section 6 of the national voter registration act of 1993 (42 u.s.c. 1973gg 4) [now 52 u.s.c. 20505] shall include the following: (i) the question "are you a citizen of the united states of america?" and boxes for the applicant to check to indicate whether the applicant is or is not a citizen of the united states. (ii) the question "will you be 18 years of age on or before election day?" and boxes for the applicant to check to indicate whether or not the applicant will be 18 years of age or older on election day. (iii) the statement "if you checked 'no' in response to either of these questions, do not complete this form.". (iv) a statement informing the individual that if the form is submitted by mail and the individual is registering for the first time, the appropriate information required under this section must be submitted with the mail in registration form in order to avoid the additional identification requirements upon voting for the first time. (b) incomplete forms if an applicant for voter registration fails to answer the question included on the mail voter registration form pursuant to subparagraph (a)(i), the registrar shall notify the applicant of the failure and provide the applicant with an opportunity to complete the form in a timely manner to allow for the completion of the registration form prior to the next election for federal office (subject to state law). (5) construction nothing in this subsection shall be construed to require a state that was not required to comply with a provision of the national voter registration act of 1993 (42 u.s.c. 1973gg et seq.) [now 52 u.s.c. 20501 et seq.] before october 29, 2002, to comply with such a provision after october 29, 2002. (c) permitted use of last 4 digits of social security numbers the last 4 digits of a social security number described in subsections (a)(5)(a)(i)(ii) and (b)(3)(b)(i)(ii) shall not be considered to be a social security number for purposes of section 7 of the privacy act of 1974 (5 u.s.c. 552a note). (d) effective date (1) computerized statewide voter registration list requirements (a) in general except as provided in subparagraph (b), each state and jurisdiction shall be required to comply with the requirements of subsection (a) on and after january 1, 2004. (b) waiver if a state or jurisdiction certifies to the commission not later than january 1, 2004, that the state or jurisdiction will not meet the deadline described in subparagraph (a) for good cause and includes in the certification the reasons for the failure to meet such deadline, subparagraph (a) shall apply to the state or jurisdiction as if the reference in such subparagraph to "january 1, 2004" were a reference to "january 1, 2006". (2) requirement for voters who register by mail (a) in general each state and jurisdiction shall be required to comply with the requirements of subsection (b) on and after january 1, 2004, and shall be prepared to receive registration materials submitted by individuals described in subparagraph (b) on and after the date described in such subparagraph. (b) applicability with respect to individuals the provisions of subsection (b) shall apply to any individual who registers to vote on or after january 1, 2003. (pub. l. 107 252, title iii, §303, oct. 29, 2002, 116 stat. 1708.) references in text the national voter registration act of 1993, referred to in subsecs. (a)(2)(a)(i), (4)(a) and (b)(5), is pub. l. 103 31, may 20, 1993, 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. section 7 of the privacy act of 1974, referred to in subsecs. (a)(5)(d) and (c), is section 7 of pub. l. 93 579, which is set out as a note under section 552a of title 5, government organization and employees. the uniformed and overseas citizens absentee voting act, referred to in subsec. (b)(3)(c)(i), is pub. l. 99 410, aug. 28, 1986, 100 stat. 924, which is classified principally to chapter 203 (§20301 et seq.) of this title. for complete classification of this act to the code, see tables. codification section was formerly classified to section 15483 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. section is comprised of section 303 of pub. l. 107 252. subsec. (a)(5)(c) of section 303 of pub. l. 107 252 amended section 405 of title 42, the public health and welfare. §21084. minimum requirements the requirements established by this subchapter are minimum requirements and nothing in this subchapter shall be construed to prevent a state from establishing election technology and administration requirements that are more strict than the requirements established under this subchapter so long as such state requirements are not inconsistent with the federal requirements under this subchapter or any law described in section 21145 of this title. (pub. l. 107 252, title iii, §304, oct. 29, 2002, 116 stat. 1714.) references in text this subchapter, referred to in text, was in the original "this title", meaning title iii of pub. l. 107 252, oct. 29, 2002, 116 stat. 1704, which is classified principally to this subchapter. for complete classification of title iii to the code, see tables. codification section was formerly classified to section 15484 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21085. methods of implementation left to discretion of state the specific choices on the methods of complying with the requirements of this subchapter shall be left to the discretion of the state. (pub. l. 107 252, title iii, §305, oct. 29, 2002, 116 stat. 1714.) references in text this subchapter, referred to in text, was in the original "this title", meaning title iii of pub. l. 107 252, oct. 29, 2002, 116 stat. 1704, which is classified principally to this subchapter. for complete classification of title iii to the code, see tables. codification section was formerly classified to section 15485 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. part b voluntary guidance §21101. adoption of voluntary guidance by commission (a) in general to assist states in meeting the requirements of part a of this subchapter, the commission shall adopt voluntary guidance consistent with such requirements in accordance with the procedures described in section 21102 of this title. (b) deadlines the commission shall adopt the recommendations under this section not later than  (1) in the case of the recommendations with respect to section 21081 of this title, january 1, 2004; (2) in the case of the recommendations with respect to section 21082 of this title, october 1, 2003; and (3) in the case of the recommendations with respect to section 21083 of this title, october 1, 2003. (c) quadrennial update the commission shall review and update recommendations adopted with respect to section 21081 of this title no less frequently than once every 4 years. (pub. l. 107 252, title iii, §311, oct. 29, 2002, 116 stat. 1715.) codification section was formerly classified to section 15501 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21102. process for adoption the adoption of the voluntary guidance under this part shall be carried out by the commission in a manner that provides for each of the following: (1) publication of notice of the proposed recommendations in the federal register. (2) an opportunity for public comment on the proposed recommendations. (3) an opportunity for a public hearing on the record. (4) publication of the final recommendations in the federal register. (pub. l. 107 252, title iii, §312, oct. 29, 2002, 116 stat. 1715.) codification section was formerly classified to section 15502 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. subchapter iv enforcement §21111. actions by the attorney general for declaratory and injunctive relief the attorney general may bring a civil action against any state or jurisdiction in an appropriate united states district court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to carry out the uniform and nondiscriminatory election technology and administration requirements under sections 21081, 21082, and 21083 of this title. (pub. l. 107 252, title iv, §401, oct. 29, 2002, 116 stat. 1715.) codification section was formerly classified to section 15511 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21112. establishment of state based administrative complaint procedures to remedy grievances (a) establishment of state based administrative complaint procedures to remedy grievances (1) establishment of procedures as condition of receiving funds if a state receives any payment under a program under this chapter, the state shall be required to establish and maintain state based administrative complaint procedures which meet the requirements of paragraph (2). (2) requirements for procedures the requirements of this paragraph are as follows: (a) the procedures shall be uniform and nondiscriminatory. (b) under the procedures, any person who believes that there is a violation of any provision of subchapter iii (including a violation which has occurred, is occurring, or is about to occur) may file a complaint. (c) any complaint filed under the procedures shall be in writing and notarized, and signed and sworn by the person filing the complaint. (d) the state may consolidate complaints filed under subparagraph (b). (e) at the request of the complainant, there shall be a hearing on the record. (f) if, under the procedures, the state determines that there is a violation of any provision of subchapter iii, the state shall provide the appropriate remedy. (g) if, under the procedures, the state determines that there is no violation, the state shall dismiss the complaint and publish the results of the procedures. (h) the state shall make a final determination with respect to a complaint prior to the expiration of the 90 day period which begins on the date the complaint is filed, unless the complainant consents to a longer period for making such a determination. (i) if the state fails to meet the deadline applicable under subparagraph (h), the complaint shall be resolved within 60 days under alternative dispute resolution procedures established for purposes of this section. the record and other materials from any proceedings conducted under the complaint procedures established under this section shall be made available for use under the alternative dispute resolution procedures. (b) requiring attorney general approval of compliance plan for states not receiving funds (1) in general not later than january 1, 2004, each nonparticipating state shall elect  (a) to certify to the commission that the state meets the requirements of subsection (a) in the same manner as a state receiving a payment under this chapter; or (b) to submit a compliance plan to the attorney general which provides detailed information on the steps the state will take to ensure that it meets the requirements of subchapter iii. (2) states without approved plan deemed out of compliance a nonparticipating state (other than a state which makes the election described in paragraph (1)(a)) shall be deemed to not meet the requirements of subchapter iii if the attorney general has not approved a compliance plan submitted by the state under this subsection. (3) nonparticipating state defined in this section, a "nonparticipating state" is a state which, during 2003, does not notify any office which is responsible for making payments to states under any program under this chapter of its intent to participate in, and receive funds under, the program. (pub. l. 107 252, title iv, §402, oct. 29, 2002, 116 stat. 1715.) references in text this chapter, referred to in subsecs. (a)(1) and (b)(1)(a), (3), was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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 subsecs. (a)(2)(b), (f) and (b)(1)(b), (2), 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 (§21081 et seq.) of this chapter. for complete classification of title iii to the code, see tables. codification section was formerly classified to section 15512 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. subchapter v help america vote college program §21121. establishment of program (a) in general not later than 1 year after the appointment of its members, the election assistance commission shall develop a program to be known as the "help america vote college program" (hereafter in this subchapter referred to as the "program"). (b) purposes of program the purpose of the program shall be  (1) to encourage students enrolled at institutions of higher education (including community colleges) to assist state and local governments in the administration of elections by serving as nonpartisan poll workers or assistants; and (2) to encourage state and local governments to use the services of the students participating in the program. (pub. l. 107 252, title v, §501, oct. 29, 2002, 116 stat. 1717.) codification section was formerly classified to section 15521 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21122. activities under program (a) in general in carrying out the program, the commission (in consultation with the chief election official of each state) shall develop materials, sponsor seminars and workshops, engage in advertising targeted at students, make grants, and take such other actions as it considers appropriate to meet the purposes described in section 21121(b) of this title. (b) requirements for grant recipients in making grants under the program, the commission shall ensure that the funds provided are spent for projects and activities which are carried out without partisan bias or without promoting any particular point of view regarding any issue, and that each recipient is governed in a balanced manner which does not reflect any partisan bias. (c) coordination with institutions of higher education the commission shall encourage institutions of higher education (including community colleges) to participate in the program, and shall make all necessary materials and other assistance (including materials and assistance to enable the institution to hold workshops and poll worker training sessions) available without charge to any institution which desires to participate in the program. (pub. l. 107 252, title v, §502, oct. 29, 2002, 116 stat. 1717.) codification section was formerly classified to section 15522 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21123. authorization of appropriations in addition to any funds authorized to be appropriated to the commission under section 20930 of this title, there are authorized to be appropriated to carry out this subchapter  (1) $5,000,000 for fiscal year 2003; and (2) such sums as may be necessary for each succeeding fiscal year. (pub. l. 107 252, title v, §503, oct. 29, 2002, 116 stat. 1717.) codification section was formerly classified to section 15523 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. subchapter vi transfer to commission of functions under certain laws §21131. transfer of functions of office of election administration of federal election commission there are transferred to the election assistance commission established under section 20921 of this title all functions which the office of election administration, established within the federal election commission, exercised before october 29, 2002. (pub. l. 107 252, title viii, §801(a), oct. 29, 2002, 116 stat. 1725.) codification section was formerly classified to section 15531 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21132. transfer of functions there are transferred to the election assistance commission established under section 20921 of this title all functions which the federal election commission exercised under section 20508(a) of this title before october 29, 2002. (pub. l. 107 252, title viii, §802(a), oct. 29, 2002, 116 stat. 1726.) codification section was formerly classified to section 15532 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21133. transfer of property, records, and personnel (a) property and records the contracts, liabilities, records, property, and other assets and interests of, or made available in connection with, the offices and functions of the federal election commission which are transferred by this subchapter are transferred to the election assistance commission for appropriate allocation. (b) personnel (1) in general the personnel employed in connection with the offices and functions of the federal election commission which are transferred by this subchapter are transferred to the election assistance commission. (2) effect any full time or part time personnel employed in permanent positions shall not be separated or reduced in grade or compensation because of the transfer under this subsection during the 1 year period beginning on october 29, 2002. (pub. l. 107 252, title viii, §803, oct. 29, 2002, 116 stat. 1726.) references in text this subchapter, referred to in text, was in the original "this subtitle", meaning subtitle a (§§801 804) of title viii of pub. l. 107 252, oct. 29, 2002, 116 stat. 1725. for complete classification of subtitle a to the code, see tables. codification section was formerly classified to section 15533 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21134. effective date; transition (a) effective date this subchapter and the amendments made by this subchapter shall take effect upon the appointment of all members of the election assistance commission under section 20923 of this title. (b) transition with the consent of the entity involved, the election assistance commission is authorized to utilize the services of such officers, employees, and other personnel of the entities from which functions have been transferred to the election assistance commission under this subchapter or the amendments made by this subchapter for such period of time as may reasonably be needed to facilitate the orderly transfer of such functions. (c) no effect on authorities of office of election administration prior to appointment of members of commission during the period which begins on october 29, 2002, and ends on the effective date described in subsection (a), the office of election administration of the federal election commission shall continue to have the authority to carry out any of the functions (including the development of voluntary standards for voting systems and procedures for the certification of voting systems) which it has the authority to carry out as of october 29, 2002. (pub. l. 107 252, title viii, §804, oct. 29, 2002, 116 stat. 1726.) references in text this subchapter, referred to in subsecs. (a) and (b), was in the original "this title", meaning title viii of pub. l. 107 252, oct. 29, 2002, 116 stat. 1725. for complete classification of title viii to the code, see tables. codification section was formerly classified to section 15534 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. subchapter vii miscellaneous provisions §21141. "state" defined in this chapter, the term "state" includes the district of columbia, the commonwealth of puerto rico, guam, american samoa, and the united states virgin islands. (pub. l. 107 252, title ix, §901, oct. 29, 2002, 116 stat. 1727.) references in text this chapter, referred to in text, was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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. codification section was formerly classified to section 15541 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21142. audits and repayment of funds (a) recordkeeping requirement each recipient of a grant or other payment made under this chapter shall keep such records with respect to the payment as are consistent with sound accounting principles, including records which fully disclose the amount and disposition by such recipient of funds, the total cost of the project or undertaking for which such funds are used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) audits and examinations (1) audits and examinations except as provided in paragraph (4), each office making a grant or other payment under this chapter, or any duly authorized representative of such office, may audit or examine any recipient of the grant or payment and shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient which in the opinion of the entity may be related or pertinent to the grant or payment. (2) recipients of assistance subject to provisions of section the provisions of this section shall apply to all recipients of grants or other payments under this chapter, whether by direct grant, cooperative agreement, or contract under this chapter or by subgrant or subcontract from primary grantees or contractors under this chapter. (3) special rule for payments by general services administration with respect to any grant or payment made under this chapter by the administrator of general services, the election assistance commission shall be deemed to be the office making the grant or payment for purposes of this section. (4) special rule in the case of grants or payments made under section 21001 of this title, audits and examinations conducted under paragraph (1) shall be performed on a regular basis (as determined by the commission). (5) special rules for audits by the commission in addition to the audits described in paragraph (1), the election assistance commission may conduct a special audit or special examination of a recipient described in paragraph (1) upon a vote of the commission. (c) recoupment of funds if the comptroller general determines as a result of an audit conducted under subsection (b) prior to november 26, 2014, that  (1) a recipient of funds under this chapter is not in compliance with each of the requirements of the program under which the funds are provided; or (2) an excess payment has been made to the recipient under the program, the recipient shall pay to the office which made the grant or payment involved a portion of the funds provided which reflects the proportion of the requirements with which the recipient is not in compliance, or the extent to which the payment is in excess, under the program involved. (pub. l. 107 252, title ix, §902, oct. 29, 2002, 116 stat. 1727; pub. l. 113 188, title ix, §901(c), nov. 26, 2014, 128 stat. 2020.) references in text this chapter, referred to in subsecs. (a), (b)(1) to (3), and (c)(1), was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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. codification section was formerly classified to section 15542 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. amendments 2014 subsec. (b)(1). pub. l. 113 188, §901(c)(1)(a), substituted "paragraph (4)" for "paragraph (5)". subsec. (b)(3) to (6). pub. l. 113 188, §901(c)(1)(b), (c), redesignated pars. (4) to (6) as (3) to (5), respectively, and struck out former par. (3). prior to amendment, text of par. (3) read as follows: "in addition to audits conducted pursuant to paragraph (1), all funds provided under this chapter shall be subject to mandatory audit by the comptroller general at least once during the lifetime of the program involved. for purposes of an audit under this paragraph, the comptroller general shall have access to books, documents, papers, and records of recipients of funds in the same manner as the office making the grant or payment involved has access to such books, documents, papers, and records under paragraph (1)." subsec. (c). pub. l. 113 188, §901(c)(2), inserted "prior to november 26, 2014," after "subsection (b)" in introductory provisions. §21143. review and report on adequacy of existing electoral fraud statutes and penalties (a) review the attorney general shall conduct a review of existing criminal statutes concerning election offenses to determine  (1) whether additional statutory offenses are needed to secure the use of the internet for election purposes; and (2) whether existing penalties provide adequate punishment and deterrence with respect to such offenses. (b) report the attorney general shall submit a report to the committees on the judiciary of the senate and house of representatives, the committee on rules and administration of the senate, and the committee on house administration of the house of representatives on the review conducted under subsection (a) together with such recommendations for legislative and administrative action as the attorney general determines appropriate. (pub. l. 107 252, title ix, §904, oct. 29, 2002, 116 stat. 1729.) codification section was formerly classified to section 15543 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21144. other criminal penalties (a) conspiracy to deprive voters of a fair election any individual who knowingly and willfully gives false information in registering or voting in violation of section 10307(c) of this title, or conspires with another to violate such section, shall be fined or imprisoned, or both, in accordance with such section. (b) false information in registering and voting any individual who knowingly commits fraud or knowingly makes a false statement with respect to the naturalization, citizenry, or alien registry of such individual in violation of section 1015 of title 18 shall be fined or imprisoned, or both, in accordance with such section. (pub. l. 107 252, title ix, §905, oct. 29, 2002, 116 stat. 1729.) codification section was formerly classified to section 15544 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. §21145. no effect on other laws (a) in general except as specifically provided in section 21083(b) of this title with regard to the national voter registration act of 1993 (42 u.s.c. 1973gg et seq.) [now 52 u.s.c. 20501 et seq.], nothing in this chapter may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) the voting rights act of 1965 (42 u.s.c. 1973 et seq.) [now 52 u.s.c. 10301 et seq.]. (2) the voting accessibility for the elderly and handicapped act (42 u.s.c. 1973ee et seq.) [now 52 u.s.c. 20101 et seq.]. (3) the uniformed and overseas citizens absentee voting act (42 u.s.c. 1973ff et seq.) [now 52 u.s.c. 20301 et seq.]. (4) the national voter registration act of 1993 (42 u.s.c. 1973gg et seq.) [now 52 u.s.c. 20501 et seq.]. (5) the americans with disabilities act of 1990 (42 u.s.c. 12101 et seq.). (6) the rehabilitation act of 1973 (29 u.s.c. 701 et seq.). (b) no effect on preclearance or other requirements under voting rights act the approval by the administrator or the commission of a payment or grant application under subchapter i or subchapter ii, or any other action taken by the commission or a state under such subchapter, shall not be considered to have any effect on requirements for preclearance under section 5 of the voting rights act of 1965 (42 u.s.c. 1973c) [now 52 u.s.c. 10304] or any other requirements of such act [52 u.s.c. 10301 et seq.]. (pub. l. 107 252, title ix, §906, oct. 29, 2002, 116 stat. 1729.) references in text the national voter registration act of 1993, referred to in subsec. (a), is pub. l. 103 31, may 20, 1993, 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. this chapter, referred to in subsec. (a), was in the original "this act", meaning pub. l. 107 252, oct. 29, 2002, 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. the voting rights act of 1965, referred to in subsecs. (a)(1) and (b), is pub. l. 89 110, aug. 6, 1965, 79 stat. 437, which is classified generally to chapters 103 (§10301 et seq.), 105 (§10501 et seq.), and 107 (§10701 et seq.) of this title. for complete classification of this act to the code, see tables. the voting accessibility for the elderly and handicapped act, referred to in subsec. (a)(2), is pub. l. 98 435, sept. 28, 1984, 98 stat. 1678, which is classified generally to chapter 201 (§20101 et seq.) of this title. for complete classification of this act to the code, see tables. the uniformed and overseas citizens absentee voting act, referred to in subsec. (a)(3), is pub. l. 99 410, aug. 28, 1986, 100 stat. 924, which is classified principally to chapter 203 (§20301 et seq.) of this title. for complete classification of this act to the code, see tables. the americans with disabilities act of 1990, referred to in subsec. (a)(5), is pub. l. 101 336, july 26, 1990, 104 stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of title 42, the public health and welfare. for complete classification of this act to the code, see short title note set out under section 12101 of title 42 and tables. the rehabilitation act of 1973, referred to in subsec. (a)(6), is pub. l. 93 112, sept. 26, 1973, 87 stat. 355, which is classified generally to chapter 16 (§701 et seq.) of title 29, labor. for complete classification of this act to the code, see short title note set out under section 701 of title 29 and tables. codification section was formerly classified to section 15545 of title 42, the public health and welfare, prior to editorial reclassification and renumbering as this section. civil rights division u.s. department of justice 950 pennsylvania avenue nw office of the assistant attorney general, main washington dc 20530 civil rights division 202 514 3847 tty/tdd: 711 signup for email updates social media have a question about government services?
covid 19 guidance supported by news analysis as a generally healthy 45 year old, i didn’t seem like a probable covid 19 candidate. by jeremy egner mr. egner is the television editor for the times. on march 12 i got a fever that didn’t go away. it hovered around 101 or 102 degrees for the next week, accompanied by severe fatigue and body aches. my office was already working remotely, so i powered through and kept at it, with lots of breaks and naps. i saw a doctor via video who said it was probably the flu   possibly the coronavirus, he added, but tests were unavailable and the prescription, rest and fluids, would be the same regardless. i naturally worried about the coronavirus, but i didn’t have respiratory symptoms. i’m also a 45 year old, generally healthy nonsmoker (i quit years ago) with none of the high risk conditions listed by the centers for disease control and prevention. i didn’t seem like a probable covid 19 candidate. then, about a week in, i began to cough. taking deep breaths felt as if fire were shooting through my lungs. my primary care doctor, with whom i also consulted via video, thought it was pneumonia and prescribed a course of antibiotics. new york state set up a coronavirus testing site an hour from my home. when i called for an appointment, i waited on hold for 80 minutes, after which someone took my information and said someone else would call me back. no one did. eight days after the fever first manifested, i could barely move. my wife took me to an urgent care clinic, where i received a chest x ray and confirmation that i had pneumonia. they swabbed me for the coronavirus but their lab was overwhelmed, and they didn’t know when they would receive any results. i’ve still not heard from them. i returned home in terrible shape, chest burning and wracked with chills, unable to do anything other than shudder under a blanket.