---
kind: "section"
citation: "52 U.S.C. § 21003"
title: "52"
title_heading: "Voting and Elections"
number: "21003"
heading: "Condition for receipt of funds"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/52/21003"
units:
  - "Subtitle II — Voting Assistance and Election Administration"
  - "Chapter 209 — Election Administration Improvement"
  - "Subchapter II — Commission"
  - "Part D — Election Assistance"
  - "Subpart 1 — requirements payments"
---

# §21003. Condition for receipt of funds

- (a) **In general—** A [State](/usc/52/20107.md?p=5) is eligible to receive a requirements payment for a fiscal year if the chief executive officer of the [State](/usc/52/20107.md?p=5), or designee, in consultation and coordination with the chief [State](/usc/52/20107.md?p=5) [election](/usc/52/20502.md?p=1) official, has filed with the Commission a statement certifying that the [State](/usc/52/20107.md?p=5) is in compliance with the requirements referred to in [subsection (b)](#b). A [State](/usc/52/20107.md?p=5) 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](/usc/52/20107.md?p=5) 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](/usc/52/20107.md?p=5) has filed with the Commission a [State](/usc/52/20107.md?p=5) plan covering the fiscal year which the [State](/usc/52/20107.md?p=5) certifies—
    - (A) contains each of the elements described in [section 21004(a) of this title](/usc/52/21004.md?p=a) (or, for purposes of determining the eligibility of a [State](/usc/52/20107.md?p=5) to receive a requirements payment appropriated pursuant to the authorization provided under [section 21007(a)(4) of this title](/usc/52/21007.md?p=a-4), contains the element described in [paragraph (14)](/usc/52/21007.md) of such section) with respect to the fiscal year;
    - (B) is developed in accordance with [section 21005 of this title](/usc/52/21005.md); and
    - (C) meets the public notice and comment requirements of [section 21006 of this title](/usc/52/21006.md).
  - (2)
    - (A) Subject to [subparagraph (B)](#b-2-B), the [State](/usc/52/20107.md?p=5) has filed with the Commission a plan for the implementation of the uniform, nondiscriminatory administrative complaint procedures required under [section 21112 of this title](/usc/52/21112.md) (or has included such a plan in the [State](/usc/52/20107.md?p=5) plan filed under [paragraph (1)](#b-1)), and has such procedures in place for purposes of meeting the requirements of such section. If the [State](/usc/52/20107.md?p=5) does not include such an implementation plan in the [State](/usc/52/20107.md?p=5) plan filed under [paragraph (1)](#b-1), the requirements of sections [21005(b)](/usc/52/21005.md?p=b) and [21006](/usc/52/21006.md) of this title shall apply to the implementation plan in the same manner as such requirements apply to the [State](/usc/52/20107.md?p=5) plan.
    - (B) [Subparagraph (A)](#b-2-A) shall not apply for purposes of determining the eligibility of a [State](/usc/52/20107.md?p=5) to receive a requirements payment appropriated pursuant to the authorization provided under [section 21007(a)(4) of this title](/usc/52/21007.md?p=a-4).
  - (3) The [State](/usc/52/20107.md?p=5) is in compliance with each of the laws described in [section 21145 of this title](/usc/52/21145.md), 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](/usc/52/20107.md?p=5)’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](/usc/52/21001.md?p=b).
  - (5)
    - (A) Subject to [subparagraph (B)](#b-5-B), the [State](/usc/52/20107.md?p=5) 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](/usc/52/20107.md?p=5)) and, in the case of a [State](/usc/52/20107.md?p=5) that uses a requirements payment as a reimbursement under [section 21001(c)(2) of this title](/usc/52/21001.md?p=c-2), an additional amount equal to the amount of such reimbursement.
    - (B) [Subparagraph (A)](#b-5-A) shall not apply for purposes of determining the eligibility of a [State](/usc/52/20107.md?p=5) to receive a requirements payment appropriated pursuant to the authorization provided under [section 21007(a)(4) of this title](/usc/52/21007.md?p=a-4) for fiscal year 2010, except that if the [State](/usc/52/20107.md?p=5) does not appropriate funds in accordance with [subparagraph (A)](#b-5-A) prior to the last day of fiscal year 2011, the [State](/usc/52/20107.md?p=5) 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](/usc/52/20107.md?p=5) plan shall be left to the discretion of the [State](/usc/52/20107.md?p=5).
- (d) **Timing for filing of certification—** A [State](/usc/52/20107.md?p=5) may not file a statement of certification under [subsection (a)](#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](/usc/52/20107.md?p=5) under this part, the 30-day period) which begins on the date notice of the [State](/usc/52/20107.md?p=5) plan under this part is published in the Federal Register pursuant to [section 21005(b) of this title](/usc/52/21005.md?p=b).
- (e) **Chief State election official defined—** In this part, the “chief [State](/usc/52/20107.md?p=5) [election](/usc/52/20502.md?p=1) official” of a [State](/usc/52/20107.md?p=5) is the individual designated by the [State](/usc/52/20107.md?p=5) under section 10 of the National Voter Registration Act of 1993 ([42 U.S.C. 1973gg–8](/usc/42/1973gg–8.md)) [now [52 U.S.C. 20509](/usc/52/20509.md)] to be responsible for coordination of the [State](/usc/52/20107.md?p=5)’s responsibilities under such Act.

## Source credit

(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.)

## Notes

### Editorial Notes

### 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).