Page:United States Statutes at Large Volume 116 Part 3.djvu/114

 116 STAT. 1706 PUBLIC LAW 107-252—OCT. 29, 2002 42 USC 15482. Notification. counted as a vote for each category of voting system used in the State. (b) VOTING SYSTEM DEFINED. — In this section, the term "voting system" means— (1) the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used— (A) to define ballots; (B) to cast and count votes; (C) to report or display election results; and (D) to maintain and produce any audit trail information; and (2) the practices and associated documentation used— (A) to identify system components and versions of such components; (B) to test the system during its development and maintenance; (C) to maintain records of system errors and defects; (D) to determine specific system changes to be made to a system after the initial qualification of the system; and (E) to make available any materials to the voter (such as notices, instructions, forms, or paper ballots). (c) CONSTRUCTION.— (1) IN GENERAL.—Nothing in this section shall be construed to prohibit a State or jurisdiction which used a particular type of voting system in the elections for Federal office held in November 2000 from using the same type of system after the effective date of this section, so long as the system meets or is modified to meet the requirements of this section. (2) PROTECTION OF PAPER BALLOT VOTING SYSTEMS.— For purposes of subsection (a)(l)(A)(i), the term "verify" may not be defined in a manner that makes it impossible for a paper ballot voting system to meet the requirements of such subsection or to be modified to meet such requirements. (d) EFFECTIVE DATE.— Each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. SEC. 302. PROVISIONAL VOTING AND VOTING INFORMATION REQUIRE- MENTS. (a) PROVISIONAL VOTING REQUIREMENTS.— If an individual declares that such individual is a registered voter in the jurisdiction in which the individual desires to vote and that the individual is eligible to vote in an election for Federal office, but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote, such individual shall be permitted to cast a provisional ballot as follows: (1) An election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election. (2) The individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is—

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