Missouri § 115.219 - Complaints of certain elections violations — procedure, contents — copy of complaint — consolidation of complaints — investigation and hearing — report — contents of report — remedy.

§ 115.219. Complaints of certain elections violations — procedure, contents — copy of complaint — consolidation of complaints — investigation and hearing — report — contents of report — remedy.

1.  Any person who believes a violation of any provision of Title III of the Help America Vote Act of 2002 (HAVA), 42 U.S.C. Sections 15481 to 15485, as amended, has occurred, is occurring, or is about to occur may file a complaint with the elections division of the secretary of state's office.

2.  Any complaint filed under this section shall:

(1)  Be in writing, signed, and sworn to before a notary public commissioned by the state of Missouri;

(2)  Be filed within thirty days of the certification of the election in which the violation is alleged to have occurred and state the following:

(a)  The name and mailing address of the person or persons alleged to have committed the violation of Title III of HAVA described in the complaint;

(b)  A description of the act or acts that the person filing the complaint believes is a violation of Title III of HAVA; and

(c)  The nature of the injury suffered or about to be suffered by the person filing the complaint.

3.  The elections division shall promptly provide a copy of the complaint by certified mail to:

(1)  All persons identified in the complaint as possible violators of Title III of HAVA; and

(2)  The election authority in whose jurisdiction the violation is alleged to have occurred or is about to occur.

4.  The elections division may consolidate complaints filed under this section.

5.  Upon the proper filing of a complaint under this section, the secretary of state shall appoint a presiding officer who shall conduct an investigation of the complaint.

6.  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 days of the request of the person filing the complaint.

7.  Upon completion of the investigation, the presiding officer 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:

(1)  The person who filed the complaint;

(2)  The person or persons alleged to have committed the violation; and

(3)  The election authority in whose jurisdiction the violation is alleged to have occurred.

8.  The report described in subsection 7 of this section shall:

(1)  Indicate the date when the complaint was received by the elections division;

(2)  Contain findings of fact regarding the alleged violation and state whether a violation of Title III of HAVA has occurred;

(3)  State what steps, if any, the person or persons alleged to have committed a violation have taken to correct or prevent any recurrence;

(4)  Suggest any additional measures that could be taken to correct the violation;

(5)  Indicate the date a violation was corrected or is expected to be corrected;

(6)  Provide any additional information or recommendations useful in resolving the complaint.

9.  If the elections division determines that there is a violation of Title III of HAVA, the elections division shall determine and provide the appropriate remedy, as authorized by law to do so.  If the elections division determines that it is not authorized by law to provide an appropriate remedy, the elections division shall, if possible, refer the matter to the appropriate agency or office that has jurisdiction.

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(L. 2006 S.B. 1014 & 730)

---- end of effective  28 Aug 2006 ----

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