115.219. Complaints of certain elections violations--procedure, contents--copy of complaint--consolidation of complaints--investigation and hearing--report--contents of report--remedy.
Complaints of certain elections violations--procedure, contents--copyof complaint--consolidation of complaints--investigation andhearing--report--contents of report--remedy.
115.219. 1. Any person who believes a violation of any provision ofTitle III of the Help America Vote Act of 2002 (HAVA), 42 U.S.C. Sections15481 to 15485, as amended, has occurred, is occurring, or is about tooccur may file a complaint with the elections division of the secretary ofstate's office.
2. Any complaint filed under this section shall:
(1) Be in writing, signed, and sworn to before a notary publiccommissioned by the state of Missouri;
(2) Be filed within thirty days of the certification of the electionin which the violation is alleged to have occurred and state the following:
(a) The name and mailing address of the person or persons alleged tohave committed the violation of Title III of HAVA described in thecomplaint;
(b) A description of the act or acts that the person filing thecomplaint believes is a violation of Title III of HAVA; and
(c) The nature of the injury suffered or about to be suffered by theperson filing the complaint.
3. The elections division shall promptly provide a copy of thecomplaint by certified mail to:
(1) All persons identified in the complaint as possible violators ofTitle III of HAVA; and
(2) The election authority in whose jurisdiction the violation isalleged to have occurred or is about to occur.
4. The elections division may consolidate complaints filed under thissection.
5. Upon the proper filing of a complaint under this section, thesecretary of state shall appoint a presiding officer who shall conduct aninvestigation of the complaint.
6. At the request of the person filing the complaint or if thepresiding officer believes that the circumstances so dictate, the presidingofficer shall conduct a hearing on the complaint and prepare a record onthe hearing, such hearing to be conducted within ten days of the request ofthe person filing the complaint.
7. Upon completion of the investigation, the presiding officer shallsubmit the results to the elections division, which shall then issue awritten report. The elections division shall provide a copy of the reportby 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 isalleged to have occurred.
8. The report described in subsection 7 of this section shall:
(1) Indicate the date when the complaint was received by theelections division;
(2) Contain findings of fact regarding the alleged violation andstate whether a violation of Title III of HAVA has occurred;
(3) State what steps, if any, the person or persons alleged to havecommitted a violation have taken to correct or prevent any recurrence;
(4) Suggest any additional measures that could be taken to correctthe violation;
(5) Indicate the date a violation was corrected or is expected to becorrected;
(6) Provide any additional information or recommendations useful inresolving the complaint.
9. If the elections division determines that there is a violation ofTitle III of HAVA, the elections division shall determine and provide theappropriate remedy, as authorized by law to do so. If the electionsdivision determines that it is not authorized by law to provide anappropriate remedy, the elections division shall, if possible, refer thematter to the appropriate agency or office that has jurisdiction.
(L. 2006 S.B. 1014 & 730)