§ 3-105. Administrative complaint procedure.
1.The state board of\nelections shall establish and maintain a uniform, nondiscriminatory\nadministrative complaint procedure pursuant to which any person who\nbelieves that there is a violation (including a violation which has\noccurred or is occurring or is about to occur) of any provision of title\nthree of the federal Help America Vote Act of 2002 (HAVA), may file a\ncomplaint.\n 2. Initially, any such complaint may be made orally, in person or by\ntelephone, or in writing. Such complaints may be made to the state board\nof elections or with any local board of elections. A toll-free number\nshall be made available therefor for telephone calls to the state board\nof elections. Complaints shall be addressed by election officials\nexpedient
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§ 3-105. Administrative complaint procedure. 1. The state board of\nelections shall establish and maintain a uniform, nondiscriminatory\nadministrative complaint procedure pursuant to which any person who\nbelieves that there is a violation (including a violation which has\noccurred or is occurring or is about to occur) of any provision of title\nthree of the federal Help America Vote Act of 2002 (HAVA), may file a\ncomplaint.\n 2. Initially, any such complaint may be made orally, in person or by\ntelephone, or in writing. Such complaints may be made to the state board\nof elections or with any local board of elections. A toll-free number\nshall be made available therefor for telephone calls to the state board\nof elections. Complaints shall be addressed by election officials\nexpediently and informally whenever possible.\n 3. All formal complaints shall be filed with the state board of\nelections. All formal complaints shall be written, signed and sworn by\nthe complainant. The complainant shall use a complaint form promulgated\nby the state board of elections. The state board of elections or a local\nboard of elections shall assist any person with a disability who\nrequests assistance to file a complaint. Complaints raising similar\nquestions of law and/or fact may be consolidated by the state board of\nelections.\n 4. Upon the written request of the complainant, there shall be a\nhearing on the record, unless prior to the hearing, the state board of\nelections, in accordance with subdivision four of section 3-100 of this\narticle, sustains the formal complaint as being uncontested. Any party\nto the hearing may purchase a transcript of such hearing.\n 5. The evidentiary standard applied to all formal complaints shall be\na preponderance of the evidence.\n 6. Hearings shall be conducted by a panel of two commissioners of the\nstate board of elections of opposite parties or senior staff members of\nopposite parties as selected by the commissioners of that party. If the\npanel does not agree to sustain the complaint, the formal complaint\nshall be deemed dismissed and shall constitute the determination of the\npanel.\n 7. The determination of the hearing panel will be final unless changed\nby the state board of elections pursuant to subdivision four of section\n3-100 of this article, within ninety days of the filing of the formal\ncomplaint. A final determination shall be filed and published by the\nstate board of elections within ninety days after the filing of the\nformal complaint, unless the complainant agrees to a longer period of\ntime. When a violation has been found, the final determination shall\ninclude an appropriate remedy for any violation of Title III of the Help\nAmerica Vote Act of 2002 (HAVA) found by the state board of elections. A\nfinal determination dismissing a formal complaint may be filed by any\none member of the hearing panel.\n 8. Whenever a final determination of a formal complaint is not made\nwithin ninety days, or any other longer agreed upon time period, the\nstate board of elections shall refer the formal complaint to an\nindependent, alternative dispute resolution agency. Such hearings and\ndeterminations shall be conducted by the alternative dispute resolution\nagency pursuant to regulations promulgated by the state board of\nelections pursuant to subdivision four of section 3-100 of this article.\nSuch agency shall have sixty days, from the expiration of the original\nninety day time period, or any other longer agreed upon time period, to\nmake a final determination. The state board of elections shall contract,\npursuant to subdivision four of section 3-100 of this article with one\nor more such alternative dispute resolution entities for this specific\npurpose.\n 9. No provision of this section shall be construed to impair or\nsupersede the right of an aggrieved party to seek a judicial remedy\nincluding a judicial remedy concerning any final determination made\npursuant to subdivision eight of this section. The state board of\nelections shall provide notice to all complainants of the provisions of\nthis subdivision.\n