§ 1-1.5-105 — Complaint procedure

Colorado § 1-1.5-105

• Jurisdiction: Colorado
• Title 01: Elections
• Art.: Help America Vote Act

Text

(1) Subject to the requirements of this
section, in accordance with section 402 of HAVA, the secretary may establish by
rule a uniform administrative complaint procedure to remedy grievances brought
under Title III of HAVA.

(2) Any rules promulgated pursuant to subsection (1) of this section must
provide for, but need not be limited to, the following:

(a) A uniform and nondiscriminatory complaint procedure;

(b) Authorization for any person who believes that there is a violation of Title
III of HAVA, including a violation that has occurred, is occurring, or that is about to
occur, to file a complaint;

(c) A description by the complainant in his or her complaint of the alleged
violation with particularity and a reference to the section of HAVA alleged to have
been violated;

(d) A requirement that the complaint be filed no later than one year from the
date of either the occurrence of the alleged violation or of the election giving rise to
the complaint, whichever is later;

(e) A requirement that each complaint be in writing and notarized, signed,
and sworn by the person filing the complaint;

(f) Authorization for the secretary to consolidate two or more complaints;

(g) At the request of the complainant, a hearing on the record;

(h) Authorization for the secretary to provide an appropriate remedy if the
secretary determines that any provision of Title III of HAVA has been violated or to
dismiss the complaint and publish the results of his or her review if the secretary
determines that no provision of Title III of HAVA has been violated;

(i) A final determination on the complaint by the secretary prior to the
expiration of the ninety-day period that begins on the date the complaint is filed,
unless the complainant consents to an extension of time for making such
determination;

(j) Resolution of the complaint within sixty days under an alternative dispute
resolution procedure that the secretary shall establish in accordance with the
requirements of this section if the secretary fails to satisfy the applicable deadline
specified in paragraph (i) of this subsection (2), and the availability of the record and
any other materials from any proceedings conducted under the complaint
procedures established for use under such alternative dispute resolution
procedures;

(k) Authorization for the secretary to conduct a preliminary review of any
complaint submitted to him or her and to dismiss any complaint that he or she finds
is not supported by credible evidence; and

(l) Recovery by the secretary of the costs of the proceeding against any
complainant who files a complaint that, in connection with the final determination
by the secretary pursuant to paragraph (i) of this subsection (2), is found, on the
basis of clear and convincing evidence, to be frivolous, groundless, or vexatious.

(3) Notwithstanding any other provision of law:

(a) No complaint shall be brought pursuant to the procedure created by this
section unless the complaint alleges a violation of Title III of HAVA;

(b) Proceedings for the resolution of a complaint brought pursuant to this
section shall not be considered an adjudication under article 4 of title 24, C.R.S.;
and

(c) The procedures created by this section shall constitute the exclusive
administrative remedy for a violation of Title III of HAVA.

(4) Any person aggrieved by a final determination by the secretary acting
pursuant to paragraph (i) of subsection (2) of this section may appeal the
secretary's determination to the district court in and for the city and county of
Denver within thirty days of the date of the determination.

Legislative History

Source: L. 2003: Entire article added, p. 2069, � 7, effective May 22. L. 2016: IP(2) and (2)(b) amended, (SB 16-142), ch. 173, p. 567, � 6, effective May 18.