(Reference: HAVA Section 402 Establishment of State-Based Administrative Complaint Procedures to Remedy Grievances.)
Any person who believes a violation of HAVA Title III has occurred, is occurring or is about to occur may file a complaint. The complaint form can ONLY be used for violations of HAVA Title III.
Complaints must be:
- in writing (use of complaint form is preferred)
- submitted to the State Election Commission
Title III includes:
- Voting system standards
- Requirements, audit capacity, accessibility, alternate languages, error rates, definition of what constitutes a vote
- Voting information
- Public posting on election day
- Computerized statewide voter registration list
- List maintenance, security, verification of voter registration information
Registration by mail
o Identification requirements, age and citizenship questions
State-Based Administrative Complaint Procedure
The Executive Director, or designee, will review all complaints to determine if a violation of HAVA Title III has occurred. If it is determined a violation has not occurred, the complaint will be dismissed.
If a violation has occurred, the Executive Director, or designee, will attempt to resolve the complaint informally by contacting the complainant and any county involved in the complaint to discuss the occurrence and remedy. If the complaint cannot be resolved informally, the state election director will hold an administrative hearing.
The state election director will release the findings for all complaints received. Findings will be mailed to complainant and any county involved as well as posted on the State Election Commission web site.
If the Executive Director is unable to resolve the complaint within 90 days, the complaint shall be resolved within 60 days by the State Election Commission.