---
kind: "section"
citation: "52 U.S.C. § 21004"
title: "52"
title_heading: "Voting and Elections"
number: "21004"
heading: "State plan"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/52/21004"
units:
  - "Subtitle II — Voting Assistance and Election Administration"
  - "Chapter 209 — Election Administration Improvement"
  - "Subchapter II — Commission"
  - "Part D — Election Assistance"
  - "Subpart 1 — requirements payments"
---

# §21004. State plan

- (a) **In general—** The [State](/usc/52/20107.md?p=5) plan shall contain a description of each of the following:
  - (1) How the [State](/usc/52/20107.md?p=5) will use the requirements payment to meet the requirements of subchapter III, and, if applicable under [section 21001(a)(2) of this title](/usc/52/21001.md), to carry out other activities to improve the administration of [elections](/usc/52/20502.md?p=1).
  - (2) How the [State](/usc/52/20107.md?p=5) will distribute and monitor the distribution of the requirements payment to units of local government or other entities in the [State](/usc/52/20107.md?p=5) for carrying out the activities described in [paragraph (1)](#a-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](/usc/52/20107.md?p=5) 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)](#a-8).
  - (3) How the [State](/usc/52/20107.md?p=5) will provide for programs for voter education, [election](/usc/52/20502.md?p=1) official education and training, and poll worker training which will assist the [State](/usc/52/20107.md?p=5) in meeting the requirements of subchapter III.
  - (4) How the [State](/usc/52/20107.md?p=5) will adopt voting system guidelines and processes which are consistent with the requirements of [section 21081 of this title](/usc/52/21081.md).
  - (5) How the [State](/usc/52/20107.md?p=5) will establish a fund described in [subsection (b)](#b) for purposes of administering the [State](/usc/52/20107.md?p=5)’s activities under this subpart, including information on fund management.
  - (6) The [State](/usc/52/20107.md?p=5)’s proposed budget for activities under this subpart, based on the [State](/usc/52/20107.md?p=5)’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](/usc/52/20107.md?p=5), in using the requirements payment, will maintain the expenditures of the [State](/usc/52/20107.md?p=5) for activities funded by the payment at a level that is not less than the level of such expenditures maintained by the [State](/usc/52/20107.md?p=5) for the fiscal year ending prior to November 2000.
  - (8) How the [State](/usc/52/20107.md?p=5) will adopt performance goals and measures that will be used by the [State](/usc/52/20107.md?p=5) to determine its success and the success of units of local government in the [State](/usc/52/20107.md?p=5) in carrying out the plan, including timetables for meeting each of the elements of the plan, descriptions of the criteria the [State](/usc/52/20107.md?p=5) 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](/usc/52/20107.md?p=5)-based administrative complaint procedures in effect under [section 21112 of this title](/usc/52/21112.md).
  - (10) If the [State](/usc/52/20107.md?p=5) 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](/usc/52/20107.md?p=5) will conduct ongoing management of the plan, except that the [State](/usc/52/20107.md?p=5) 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](/usc/52/21005.md) in the same manner as the [State](/usc/52/20107.md?p=5) plan;
    - (B) is subject to public notice and comment in accordance with [section 21006 of this title](/usc/52/21006.md) in the same manner as the [State](/usc/52/20107.md?p=5) 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)](#a-11-A).
  - (12) In the case of a [State](/usc/52/20107.md?p=5) with a [State](/usc/52/20107.md?p=5) plan in effect under this part during the previous fiscal year, a description of how the plan reflects changes from the [State](/usc/52/20107.md?p=5) plan for the previous fiscal year and of how the [State](/usc/52/20107.md?p=5) succeeded in carrying out the [State](/usc/52/20107.md?p=5) plan for such previous fiscal year.
  - (13) A description of the committee which participated in the development of the [State](/usc/52/20107.md?p=5) plan in accordance with [section 21005 of this title](/usc/52/21005.md) and the procedures followed by the committee under such section and [section 21006 of this title](/usc/52/21006.md).
  - (14) How the [State](/usc/52/20107.md?p=5) will comply with the provisions and requirements of and amendments made by the Military and [Overseas Voter](/usc/52/20310.md?p=5) Empowerment Act.
- (b) **Requirements for election fund—**
  - (1) **Election fund described—** For purposes of [subsection (a)(5)](#a-5), a fund described in this subsection with respect to a [State](/usc/52/20107.md?p=5) is a fund which is established in the treasury of the [State](/usc/52/20107.md?p=5) government, which is used in accordance with [paragraph (2)](#b-2), and which consists of the following amounts:
    - (A) Amounts appropriated or otherwise made available by the [State](/usc/52/20107.md?p=5) for carrying out the activities for which the requirements payment is made to the [State](/usc/52/20107.md?p=5) under this subpart.
    - (B) The requirements payment made to the [State](/usc/52/20107.md?p=5) 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](/usc/52/20107.md?p=5) exclusively to carry out the activities for which the requirements payment is made to the [State](/usc/52/20107.md?p=5) under this subpart.
  - (3) **Treatment of States that require changes to State law—** In the case of a [State](/usc/52/20107.md?p=5) that requires [State](/usc/52/20107.md?p=5) legislation to establish the fund described in this subsection, the Commission shall defer disbursement of the requirements payment to such [State](/usc/52/20107.md?p=5) 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](/usc/52/20107.md?p=5) or other jurisdiction on the basis of any information contained in the [State](/usc/52/20107.md?p=5) plan filed under this subpart.
  - (2) **Exception for criminal acts—** [Paragraph (1)](#c-1) may not be construed to limit the liability of a [State](/usc/52/20107.md?p=5) or other jurisdiction for criminal acts or omissions.

## Source credit

(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.)

## Notes

### Editorial Notes

### 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).