Process for adoption — Us Code Code § 20962
Us Code Code § 20962 — Process for adoption. Reproduced from the official United States Code, with a citation summary, verification link, and related provisions.
§ 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.)
Editorial Notes
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
About This Section
52 U.S.C. § 20962 is part of Title 52 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 52 U.S.C. § 20962. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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