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Title IX SUFFRAGE AND ELECTIONS

 Chapter 115

previous next Effective - 07 Nov 2018, 2 histories, see footnotebottom

  115.642.  Complaint procedures. — 1.  Any person may file a complaint with the secretary of state stating the name of any person who has violated any of the provisions of sections 115.629 to 115.646 and stating the facts of the alleged offense, sworn to, under penalty of perjury.

  2.  Within thirty days of receiving a complaint, the secretary of state shall notify the person filing the complaint whether or not the secretary has dismissed the complaint or will commence an investigation.  The secretary of state shall dismiss frivolous complaints.  For purposes of this subsection, "frivolous complaint" shall mean an allegation clearly lacking any basis in fact or law.  Any person who makes a frivolous complaint pursuant to this section shall be liable for actual and compensatory damages to the alleged violator for holding the alleged violator before the public in a false light.  If reasonable grounds appear that the alleged offense was committed, the secretary of state may issue a probable cause statement.  If the secretary of state issues a probable cause statement, he or she may refer the offense to the appropriate prosecuting attorney.

  3.  Notwithstanding the provisions of section 27.060, 56.060, or 56.430 to the contrary, when requested by the prosecuting attorney or circuit attorney, the secretary of state or his or her authorized representatives may aid any prosecuting attorney or circuit attorney in the commencement and prosecution of election offenses as provided in sections 115.629 to 115.646.

  4.  The secretary of state may investigate any suspected violation of any of the provisions of sections 115.629 to 115.646.

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(L. 2016 S.B. 786, A.L. 2018 S.B. 592)

Effective 11-07-18


---- end of effective   07 Nov 2018 ----

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115.642 11/7/2018
115.642 8/28/2016 11/7/2018

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