Page:United States Statutes at Large Volume 116 Part 3.djvu/102

 116 STAT. 1694 PUBLIC LAW 107-252—OCT. 29, 2002 (A) contains each of the elements described in section 254 with respect to the fiscal year; (B) is developed in accordance with section 255; and (C) meets the public notice and comment requirements of section 256. (2) The State has filed with the Commission a plan for the implementation of the uniform, nondiscriminatory administrative complaint procedures required under section 402 (or has included such a plan in the State plan filed under paragraph (1)), and has such procedures in place for purposes of Applicability. 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 255(b) and 256 shall apply to the implementation plan in the same manner as such requirements apply to the State plan. Applicability. (3) The State is in compliance with each of the laws described in section 906, as such laws apply with respect to this Act. (4) To the extent that any portion of the requirements payment is used for activities other than meeting the requirements of title III— (A) the State's proposed uses of the requirements pay- ment are not inconsistent with the requirements of title III; and (B) the use of the funds under this paragraph is consistent with the requirements of section 25 Kb). (5) 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 pay- ment and the amount spent by the State) and, in the case of a State that uses a requirements payment as a reimbursement under section 251(c)(2), an additional amount equal to the amount of such reimbursement. (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 subtitle, the 30-day period) which begins on the date the State plan under this subtitle is published in the Federal Register pursuant to section 255(b). (e) CHIEF STATE ELECTION OFFICIAL DEFINED. —In this subtitle, 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) to be responsible for coordination of the State's responsibilities under such Act. 42 USC 15404. SEC. 254. 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 title III, and, if applicable under section 251(a)(2), to carry out other activities to improve the administration of elections.

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