Page:United States Statutes at Large Volume 116 Part 3.djvu/101

 PUBLIC LAW 107-252—OCT. 29, 2002 116 STAT. 1693 (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 part; or (2) for the payment of any judgment. SEC. 252. ALLOCATION OF FUNDS. 42 USC 15402. (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 pay- ments for the year pursuant to the authorization under section 257; 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 257; or (2) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, or the United States Virgin Islands, onetenth of 1 percent of such total amount. (d) PRO RATA REDUCTIONS. —The Administrator 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 APPROPRD^- TION. —^A requirements payment made to a State under this part shall be available to the State without fiscal year limitation. SEC. 253. CONDITION FOR RECEIPT OF FUNDS. 42 USC 15403. (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—

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