Section 28.035

Title IV EXECUTIVE BRANCH

Chapter 28

Effective - 28 Aug 2003   

  28.035.  Help America Vote Act of 2002, secretary of state to be chief state election official for — procedures for election complaints to be established — rulemaking authority. — 1.  The secretary of state shall be the chief state election official responsible for the administration and coordination of state responsibilities pursuant to the Help America Vote Act of 2002.  The secretary is authorized to appoint members to commissions, develop and submit plans, set voting systems standards and compliance deadlines, and any other activities reasonably necessary to comply with the Help America Vote Act of 2002.

  2.  The office of the secretary of state shall be designated as the single office which shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed services voters and overseas voters, as defined in section 115.279, with respect to elections for federal office.

  3.  The secretary of state shall establish state-based administrative complaint procedures to remedy grievances concerning a violation of Title III of the Help America Vote Act of 2002.  These procedures shall:

  (1)  Require complaints to be in writing and notarized, and signed and sworn by the person filing the complaint;

  (2)  Allow complaints to be consolidated;

  (3)  At the request of the complainant, require a hearing on the record which may be conducted exclusively by written testimony and information;

  (4)  Provide an appropriate remedy for any substantiated violation of Title III of the Help America Vote Act of 2002;

  (5)  Dismiss the complaint and publish the results of the procedures when there is a determination of no violation;

  (6)  Require a final determination with respect to the complaint before the expiration of the ninety-day period which begins on the date the complaint is filed, unless the complainant consents to a longer period for making such a determination; and

  (7)  If the final determination is not completed within ninety days, resolve the complaint within sixty days under alternative dispute resolution procedures.  The record and any other materials from proceedings conducted pursuant to this subsection shall be made available for use under the alternative dispute resolution procedures.

  4.  The secretary of state is authorized to promulgate rules to execute this section.  No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536.

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(L. 2003 H.B. 511)