15 CSR 30-12.010 - Statewide H AVA Grievance Procedure
PURPOSE: This rule describes the procedure for the filing of an administrative complaint to remedy grievances concerning a violation of Title III of the Help America Vote Act of 2002.
(1) Any person who believes that there is a
violation of any provision of Title III of the Help America Vote Act of 2002
(HAVA),
42
U.S.C. 15481 through
15485, (including a
violation that has occurred, is occurring, or is about to occur), may file a
complaint with the Elections Division of the Office of the Secretary of
State.
(2) Any complaint filed
under this rule must be written, signed, and sworn to before a notary public
commissioned by the state of Missouri.
(3) Any complaint filed under this rule must
be filed within thirty (30) days of the certification of the election in which
the violation is alleged to have occurred.
(4) The complaint filed under section (1) of
this rule shall state the following:
(A) The
name and mailing address of the person or persons alleged to have committed the
violation of Title III of H AVA described in the complaint;
(B) A description of the act or acts that the
person filing the complaint believes is a violation of a provision of Title III
of H AVA ; and
(C) The nature of
the injury suffered (or is about to be suffered) by the person filing the
complaint.
(5) The
Elections Division shall promptly provide a copy of the complaint by certified
mail to:
(A) All persons identified as
possible violators of the provisions of Title III of H AVA ; and
(B) The election authority in whose
jurisdiction the violation is alleged to have occurred.
(6) The Elections Division may consolidate
complaints filed under this rule.
(7) Once a complaint has been properly filed
under this rule, the secretary of state shall appoint a presiding officer who
shall conduct an investigation of the complaint.
(8) At the request of the person filing the
complaint, or if the presiding officer believes that the circumstances so
dictate, the presiding officer shall conduct a hearing on the complaint and
prepare a record on the hearing, such hearing to be conducted within ten (10)
days of the request of the person filing the complaint.
(9) The presiding officer, upon completing
the investigation, shall submit the results to the Elections Division, which
shall then issue a written report. The Elections Division shall provide a copy
of the report by certified mail to:
(A) The
person who filed the complaint;
(B)
The person or persons alleged to have committed the violation; and
(C) The election authority in whose
jurisdiction the violation was alleged to have occurred.
(10) The report described in section (8) of
this rule shall:
(A) Indicate the date when
the complaint was received by the Elections Division;
(B) Contain findings of fact regarding the
alleged violation and state whether a violation of Title III of H AVA has
occurred;
(C) State what steps, if
any, the person or persons alleged to have committed the violation has taken to
correct the violation and/or to prevent any reoccurrence;
(D) Suggest any additional measures that
could be taken to correct the violation;
(E) Indicate the date a violation was
corrected or is expected to be corrected; and
(F) Provide any additional information or
recommendations useful in resolving the complaint.
(11) If the Elections Division determines
that there is a violation of any provision of Title III of H AVA , the
Elections Division shall determine and provide the appropriate remedy, if
authorized to do so. If the Elections Division determines that it is not
authorized by law to provide the appropriate remedy, the Elections Division
shall, if possible, refer the matter to the appropriate agency or office that
has jurisdiction.
Notes
*Original authority: 28.035, RSMo 2003.
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