§ 16.1-01-16 — Secretary of state to establish a uniform state-based administrative complaint procedure

complaint procedure.
The secretary of state shall establish a uniform state-based administrative complaint
procedure to remedy grievances according to section 402 of the Help America Vote Act of 2002
[Pub. L. 107-252; 116 Stat. 1666; 42 U.S.C. 15512]. The complaint procedure must be uniform
and nondiscriminatory and address complaints of violations of any provision of title III of the
Help America Vote Act of 2002, including a violation that has occurred, is occurring, or is about
to occur. A complaint filed under the complaint procedure must be in writing and notarized, and
be signed and sworn by the individual filing the complaint. The secretary of state may
consolidate complaints. At the request of a complainant, the secretary of state shall establish a
procedure for providing a review on the record. If the secretary of state determines there is a
violation of a provision of title III of the Help America Vote Act of 2002 [Pub. L. 107-252;
116 Stat. 1666; 42 U.S.C. 15481-15502], the secretary of state shall determine and provide an
appropriate remedy. If the secretary of state determines a violation of title III of the Help America
Vote Act of 2002 has not occurred, the secretary of state shall dismiss the complaint and publish

the results of the review. The secretary of state shall make a final determination with respect to
a complaint within ninety days of the date the complaint is filed with the secretary of state,
unless the complainant consents to a longer period of time for the secretary of state to make a
determination. If the secretary of state fails to meet the ninety-day deadline for determining a
complaint, the complaint must be resolved within sixty days under an alternative dispute
resolution procedure.