U.S. Code » Title 52 » Subtitle Subtitle II— Voting Assistance and Election Administration › Chapter CHAPTER 209— ELECTION ADMINISTRATION IMPROVEMENT › Subchapter SUBCHAPTER II— COMMISSION › Part Part B— Testing, Certification, Decertification, and Recertification of Voting System Hardware and Software

52 U.S.C. § 20971

Certification and testing of voting systems

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(a) Certification and testing(1) In general

The Commission shall provide for the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories.

(2) Optional use by States

At the option of a State, the State may provide for the testing, certification, decertification, or recertification of its voting system hardware and software by the laboratories accredited by the Commission under this section.

(b) Laboratory accreditation(1) Recommendations by National Institute of Standards and Technology

Not later than 6 months after the Commission first adopts voluntary voting system guidelines under subpart 3 of part A of this subchapter, the Director of the National Institute of Standards and Technology shall conduct an evaluation of independent, non-Federal laboratories and shall submit to the Commission a list of those laboratories the Director proposes to be accredited to carry out the testing, certification, decertification, and recertification provided for under this section.

(2) Approval by Commission(A) In general

The Commission shall vote on the accreditation of any laboratory under this section, taking into consideration the list submitted under paragraph (1), and no laboratory may be accredited for purposes of this section unless its accreditation is approved by a vote of the Commission.

(B) Accreditation of laboratories not on Director list

The Commission shall publish an explanation for the accreditation of any laboratory not included on the list submitted by the Director of the National Institute of Standards and Technology under paragraph (1).

(c) Continuing review by National Institute of Standards and Technology(1) In general

In cooperation with the Commission and in consultation with the Standards Board and the Board of Advisors, the Director of the National Institute of Standards and Technology shall monitor and review, on an ongoing basis, the performance of the laboratories accredited by the Commission under this section, and shall make such recommendations to the Commission as it considers appropriate with respect to the continuing accreditation of such laboratories, including recommendations to revoke the accreditation of any such laboratory.

(2) Approval by Commission required for revocation

The accreditation of a laboratory for purposes of this section may not be revoked unless the revocation is approved by a vote of the Commission.

(d) Transition

Until such time as the Commission provides for the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories under this section, the accreditation of laboratories and the procedure for the testing, certification, decertification, and recertification of voting system hardware and software used as of October 29, 2002, shall remain in effect.

(e) Required penetration testing(1) In general

Not later than 180 days after December 18, 2025, the Commission shall provide for the conduct of penetration testing as part of the testing, certification, decertification, and recertification of voting system hardware and software by the Commission based on accredited laboratories under this section.

(2) Accreditation

The Commission shall develop a program for the acceptance of the results of penetration testing on election systems. The penetration testing required by this subsection shall be required for Commission certification. The Commission shall vote on the selection of any entity identified. The requirements for such selection shall be based on consideration of an entity’s competence to conduct penetration testing under this subsection. The Commission may consult with the National Institute of Standards and Technology or any other appropriate Federal agency on lab selection criteria and other aspects of this program.

(Pub. L. 107–252, title II, § 231, Oct. 29, 2002, 116 Stat. 1684; Pub. L. 119–60, div. F, title LXVIII, § 6805, Dec. 18, 2025, 139 Stat. 1657.)Editorial NotesCodification

Section was formerly classified to section 15371 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2025—Subsec. (e). Pub. L. 119–60 added subsec. (e).

Notes of Decisions
Cited in 9 cases (9 in the last 5 years), 2022–2024 · leading case: Reylek v. Albence (Del. Super. Ct. 2023).
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Reylek v. Albence (Del. Super. Ct. 2023). · cites it 2× “” 52 U.S.C. § 20971 (a)(1). In addition, “[a]t the option of a State, the State may provide for the testing, certification, decertification, or recertification of its voting system hardware and software by the laboratories accredited by the [EAC] under this section.”
Reylek v. Albence (Del. Super. Ct. 2023). · cites it 2× “” 52 U.S.C. § 20971 (a)(1). In addition, “[a]t the option of a State, the State may provide for the testing, certification, decertification, or recertification of its voting system hardware and software by the laboratories accredited by the [EAC] under this section.”
Graeff v. Ashcroft (E.D. Mo. 2023). · cites it 2× “” 52 U.S.C. § 20971 (a)(1). Based on this authority, the EAC set up a Testing and Certification Program, which is designed to ensure that competent laboratories are testing voting systems and software, and that they are following accepted standards in their testing.”
Graeff v. United States Election Assistance Comm'n (E.D. Mo. 2023). · cites it 2× “” 52 U.S.C. § 20971 (b)(2)(A). Under HAVA, states may choose to participate in EAC’s Testing and Certification Program.”
Reyek v. Albence (Del. Super. Ct. 2023). “” 52 U.S.C. § 20971 (a)(1). In addition, “[a]t the option of a State, the State may provide for the testing, certification, decertification, or recertification of its voting system hardware and software by the laboratories accredited by the [EAC] under this section.”
Reylek v. Albence (Del. Super. Ct. 2023). “The Help America Vote Act (“HAVA”), specifically 52 U.S.C. § 20971 , relates to Reylek’s allegations because it outlines the EAC’s role in certification and accreditation of voting systems and provides for the optional use of those services by the states.”
Lake v. Fontes (D. Ariz. 2022). “” 52 U.S.C. § 20971 (a)(1). - 14 - Case 2:22-cv-00677-JJT Document 106 Filed 12/01/22 Page 15 of 30 1 therein.”
Jungemann v. Dept of State Louisiana (W.D. La. 2023). “18:1, et seg, the Help America Vote Act of 2002 (“HAVA”), 52 U.S.C. § 20971 , and the Federal Elections Records Laws, 52 U.”
Berlant v. US Election Assistance Comm'n (D. Or. 2024). “Panek provided information that NOC 21-01 was prompted internally to clarify defendant's VSTL Program Manual with respect to 52 U.S.C. § 20971 (c)(2); therefore, defendant did not have responsive records.”
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