U.S. Code » Title 52 » Subtitle Subtitle II— Voting Assistance and Election Administration › Chapter CHAPTER 209— ELECTION ADMINISTRATION IMPROVEMENT › Subchapter SUBCHAPTER III— UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND ADMINISTRATION REQUIREMENTS › Part Part A— Requirements

52 U.S.C. § 21081

Voting systems standards

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(a) RequirementsEach voting system used in an election for Federal office shall meet the following requirements:(1) In general(A) Except as provided in subparagraph (B), the voting system (including any lever voting system, optical scanning voting system, or direct recording electronic system) shall—(i) permit the voter to verify (in a private and independent manner) the votes selected by the voter on the ballot before the ballot is cast and counted;(ii) provide the voter with the opportunity (in a private and independent manner) to change the ballot or correct any error before the ballot is cast and counted (including the opportunity to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error); and(iii) if the voter selects votes for more than one candidate for a single office—(I) notify the voter that the voter has selected more than one candidate for a single office on the ballot;(II) notify the voter before the ballot is cast and counted of the effect of casting multiple votes for the office; and(III) provide the voter with the opportunity to correct the ballot before the ballot is cast and counted.(B) A State or jurisdiction that uses a paper ballot voting system, a punch card voting system, or a central count voting system (including mail-in absentee ballots and mail-in ballots), may meet the requirements of subparagraph (A)(iii) by—(i) establishing a voter education program specific to that voting system that notifies each voter of the effect of casting multiple votes for an office; and(ii) providing the voter with instructions on how to correct the ballot before it is cast and counted (including instructions on how to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error).(C) The voting system shall ensure that any notification required under this paragraph preserves the privacy of the voter and the confidentiality of the ballot.(2) Audit capacity(A) In general

The voting system shall produce a record with an audit capacity for such system.

(B) Manual audit capacity(i) The voting system shall produce a permanent paper record with a manual audit capacity for such system.(ii) The voting system shall provide the voter with an opportunity to change the ballot or correct any error before the permanent paper record is produced.(iii) The paper record produced under subparagraph (A) shall be available as an official record for any recount conducted with respect to any election in which the system is used.(3) Accessibility for individuals with disabilitiesThe voting system shall—(A) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters;(B) satisfy the requirement of subparagraph (A) through the use of at least one direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place; and(C) if purchased with funds made available under subchapter II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this paragraph).(4) Alternative language accessibility

The voting system shall provide alternative language accessibility pursuant to the requirements of section 10503 of this title.

(5) Error rates

The error rate of the voting system in counting ballots (determined by taking into account only those errors which are attributable to the voting system and not attributable to an act of the voter) shall comply with the error rate standards established under section 3.2.1 of the voting systems standards issued by the Federal Election Commission which are in effect on October 29, 2002.

(6) Uniform definition of what constitutes a vote

Each State shall adopt uniform and nondiscriminatory standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in the State.

(b) Voting system definedIn 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)(1)(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.

(Pub. L. 107–252, title III, § 301, Oct. 29, 2002, 116 Stat. 1704.)Editorial NotesCodification

Section was formerly classified to section 15481 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Notes of Decisions
Cited in 24 cases (18 in the last 5 years), 2015–2026 · leading case: Ne. Ohio Coalition for the Homeless v. Husted, 837 F.3d 612 (6th Cir. 2016).
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Ne. Ohio Coalition for the Homeless v. Husted, 837 F.3d 612 (6th Cir. 2016). · cites it 2× “See 52 U.S.C. § 21081 (a)(1)(A)(ii) (Supp. II Vol.”
Colon-Marrero v. Garcia-Velez, 813 F.3d 1 (1st Cir. 2016). “These include, for example, that a “voting system used in an election for Federal office” "provide the voter with the opportunity (in a private and independent manner) to change the ballot or correct any error before the ballot is cast and counted,” 52 U.S.C. § 21081 (a)(…”
Banfield, Aplts. v. Sec'y of the Com, 110 A.3d 155 (Pa. 2015). “” 52 U.S.C. § 21081 (a)(2)(B); Kuznik v. Westmoreland Cnty.”
Arkansas Voter Integrity Initiative, Inc., & Conrad Reynolds v. John Thurston, in His Off. Capacity as Arkansas Sec'y of State The Arkansas State Bd. of Election Commissioners, in Its Off. Capacity & Election Sys. & Software, LLC, 2024 Ark. 43 (Ark. 2024). · cites it 2× “§ 7-5-504 (6) and (7) and 52 U.S.C. § 21081 (a)(1)(A)(i) of the Help America Vote Act of 2002; that there was no evidence that the bar codes on any Arkansas voter’s ballot did not correspond with the voter’s selections reflected in the readable text; and that there was no…”
United States v. Town of Thornapple, Wisconsin (7th Cir. 2025). · cites it 24× “See 52 U.S.C. § 21081 (a)(3)(A)–(B). The United States also sought, and the district court granted, a preliminary injunction requiring the Town to pro- vide a HAVA-compliant system in the November 2024 federal election.”
State of Georgia v. Jeffrey Clark, 119 F.4th 1304 (11th Cir. 2024). “§§ 20501 to 20511; Help America Vote Act of 2002, 52 U.S.C. §§ 21081 to 21085, 21111; and the Civil 4 Congress’s constitutional authority to enact statutes interfering with a state’s chosen process of appointing Electors can be powerful, but it is also limited.”
Maryland Election Integrity, LLC v. Maryland State Bd. of Elections, 127 F.4th 534 (4th Cir. 2025). “§§ 20501 , 20507, and the Help America Vote Act (“HAVA”), 52 U.S.C. § 21081 2—as well as various provisions of the Maryland election code, Md.”
Angela Craig v. Steve Simon, 978 F.3d 1043 (8th Cir. 2020). “Many States still provide for substitution of a candidate on the November ballot in the event of a death.”
PA Fair Elections v. PA DOS, Sec'y. of the Com. A. Schmidt (Pa. Commw. Ct. 2025). · cites it 6× “Section 301(a)(2) of HAVA, 52 U.S.C. § 21081 (a)(2). Petitioners assert that because there was an issue with the ExpressVote XL in Northampton County’s 2023 Municipal Election, which caused it to print a mismatch between voter selections and the paper record, its use in a…”
State of Alaska, Off. of the Lieutenant Governor, Div. of Elections v. Robert Corbisier, Exec. Dir. of Alaska State Comm'n for Human Rights, ex rel. B.L., 522 P.3d 174 (Alaska 2022). · cites it 4× “” 52 U.S.C. § 21081 (a)(3)(A)-(B). The Act defines a “voting system” as: (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…”
Am. Civil Liberties Union Of Nev. v. Cty. Of Nye (Ballot Issue) (Nev. 2022). · cites it 2× “" 52 U.S.C. § 21081 (a)(3)(A) (2020). Additionally, the Nevada Constitution, Article 2, Section 1A(9) entitles each voter "No equal access to the elections system without discrimination, including, without limitation, discrimination on the basis of race, age, disability,…”
Nat'l. Election Def. Coalition v. K. Boockvar, Sec'y. of the Com. (Pa. Commw. Ct. 2021). · cites it 2× “10 52 U.S.C. § 21081 , transferred from 42 U.”
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— 52 U.S.C. § 21081(a)(3)(A) — 1 case
Am. Civil Liberties Union Of Nev. v. Cty. Of Nye (Ballot Issue) (Nev. 2022). “" 52 U.S.C. § 21081 (a)(3)(A) (2020). Additionally, the Nevada Constitution, Article 2, Section 1A(9) entitles each voter "No equal access to the elections system without discrimination, including, without limitation, discrimination on the basis of race, age, disability,…”
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