**ILLINOIS**

TITLE 26: ELECTIONS

CHAPTER I: STATE BOARD OF ELECTIONS

PART 125.425

**[SUBPART H: ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF
TITLE III OF HAVA]{.underline}**

**[Section 125.805 Applicability]{.underline}**

[This subpart shall apply to the procedures utilized by the State Board
of Elections to resolve complaints filed pursuant to Title IV Section
402 of the Help America Vote Act. These Rules are authorized by the Act
and Section 100/10-5 of the Illinois Administrative Procedure Act \[5
ILCS 100/10-5 et seq.\].]{.underline}

**[Section 125.810 Definitions]{.underline}**

[As used in this Subpart, the following terms shall have the meanings
specified:]{.underline}

4.  ["Act" means the Help America Vote Act, \[Public Law No. 107-252\]
    and all amendments thereto;]{.underline}

    b.  ["Board" means the State Board of Elections;]{.underline}

    c.  ["Code" means the Illinois Election Code]{.underline}

    d.  ["Complainant" means a party initiating a proceeding under the
        Act by the filing of a complaint;]{.underline}

    e.  ["Election Authority" means the county clerk in all counties
        that do not have a county board of election commissioners, the
        county board of election commissioners in those counties that
        have adopted the provisions of Article 6A of the Election Code
        and the city board of election commissioners in those cities
        that have adopted the provisions of Article 6 of the Election
        Code.]{.underline}

    f.  ["Federal Election" means any election in which candidates for
        federal office are scheduled to be elected or nominated. For
        purposes of this Subsection, federal offices are President and
        Vice President of the United States, United States Senator,
        Representative in the United States Congress, delegates and
        alternate delegates to the national nominating convention and
        candidates for the Presidential Preference Primary.]{.underline}

    g.  ["Hearing" means the Closed Preliminary Hearing held pursuant to
        Section 125.130(b).]{.underline}

[h)]{.underline} ["Respondent\" means any named entity subject to the
provisions of Title III of HAVA against whom a complaint is
filed.]{.underline}

**[Section 125.815 Filing of a Complaint]{.underline}**

> [Any person who believes that a violation of any provision of Title
> III of the Act has occurred, is occurring or is about to occur, may
> file a complaint with the State Board of Elections. Such complaint
> must be filed no later than 90 days following the occurrence of the
> violation or 90 days following the Federal Election in connection with
> which the violation occurred, whichever date is later. Any complaint
> filed under this Section must allege a violation of Title III of the
> Act, must state specifically the nature of the violation and must be
> well grounded in fact and in law. In addition, the complaint must
> state whether or not the complainant desires a Hearing on the record
> before the State Board of Elections.]{.underline}

# 

# [Section 125.820 Form of Complaint]{.underline} 

a)  [All complaints filed under this Subsection shall be in writing and
    signed and sworn to (or affirmed) by the person filing the complaint
    and shall be notarized. In addition, the complaint shall contain the
    following:]{.underline}

```{=html}
<!-- -->
```
1)  [The complaint shall be directed to and state the name of the
    Respondent against whom the complaint is directed;]{.underline}

2)  [The complaint shall state the provisions of the Act which are
    alleged to have been violated;]{.underline}

3)  [The complaint shall state the time, place and nature of the alleged
    offense; and]{.underline}

4)  [The complaint shall be verified, dated and signed by the
    complainant, in substantially the following manner:]{.underline}

[Verification]{.underline}

> [\"I declare that this complaint (including any accompanying exhibits
> and statements) has been examined by me and to the best of my
> knowledge and belief is a true and correct complaint as required by
> Section 402 of the Help America Vote Act.\"]{.underline}
>
> [Signed and sworn to (or affirmed) by
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_before me,
> on]{.underline}
>
> [Name of Complainant]{.underline}
>
> [this \_\_\_\_\_\_\_ day of
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.]{.underline}

[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

[Signature of Notary Public]{.underline}

[(SEAL OF NOTARY)]{.underline}

b\) [Upon the filing of a complaint, the office of the General Counsel
shall assign a docket number to the complaint and proceeding, and all
documents thereafter filed pertaining to that particular complaint or
proceeding shall include the docket number first assigned.]{.underline}

c\) [The complaint shall bear the address, telephone number and fax
number of the complainant or of his attorney or his authorized
representative and the designation of such address or fax number shall
be deemed to be consent by the complainant to have a copy of all
documents filed or to be filed thereafter served upon the party at such
address or fax number.]{.underline}

# 

# 

# [Section 125.825 Service of Complaint]{.underline}

[A copy of the complaint must be served upon the Respondent. Service
shall be complete when the document is served as provided in the Civil
Practice Law \[735 ILCS 5/2-203(a)\], in person upon the party or his
attorney or authorized representative, or deposited for mailing with the
United States Postal Service, postage prepaid, registered or certified,
addressed to the party.]{.underline}

**[Section 125.830 Preliminary Review of the Complaint]{.underline}**

[a)]{.underline} [Any complaint naming an Election Authority as
Respondent shall proceed under subsections b) through e) below. A
complaint naming the Board as Respondent shall proceed to the
alternative dispute resolution procedures set out in Subsection 125.945
below, unless the complainant waives this provision and agrees to
proceed under Subsection b) through e). Any such waiver shall be in
writing and signed by the Complainant. A complaint naming both the Board
and an Election Authority as Respondents shall be separated for
jurisdictional purposes with each Respondent subject to the procedures
set out in the first two sentences of this Subsection.]{.underline}

[b)]{.underline} [Upon the filing of a complaint naming an Election
Authority as Respondent or upon the filing of a complaint naming the
Board as a Respondent and containing a waiver as provided in Subsection
a) above, the General Counsel shall perform a preliminary review to
determine whether or not the complaint meets the following requirements
to constitute a valid complaint under the Act.]{.underline}

[1) The complaint alleges a violation under Title III of the
Act;]{.underline}

[2) The complaint pertains to a Federal Election and]{.underline}

> [3) The complaint states sufficient facts as to constitute a cause of
> action under the Act for which the Board can grant proper
> relief.]{.underline}

[If the General Counsel determines that the complaint meets the above
criteria for a valid complaint under the Act, then the complaint shall
proceed under subsection c) and d) below. If the General Counsel
determines that the complaint has not met the above criteria for a valid
complaint under the Act, the complaint shall be presented to the Board
for a final determination of its status. In addition, the Complainant
shall be notified in writing of the General Counsel's determination of
the complaint's invalidity and be given an opportunity to appear before
the Board to show cause as to why the complaint should not be dismissed.
The decision of the Board as to the status of the complaint shall be in
the form of a Final Order subject to appeal under the provisions of
Section 9-22 of the Code. As an alternative to summary dismissal of the
complaint, the Board may determine that the complaint alleges a
violation of the Code and refer it for investigation to the appropriate
division of the Board or to the appropriate Election Authority or law
enforcement agency.]{.underline}

[c)]{.underline} [After a determination by the General Counsel that the
complaint meets the criteria set out in Subsection a) above, and upon
the written request of the Complainant, the Board shall appoint a
Hearing Examiner to conduct a Closed Preliminary Hearing. This Hearing
shall be held to determine whether the complaint is well grounded in
fact and law. Such request must be a part of or accompany the complaint
when filed. Following the Hearing, the Hearing Examiner shall make a
written recommendation as to whether the complaint is well grounded in
fact and law and a copy of the recommendation shall be given to the
General Counsel for his recommendation and to both parties to the
complaint. Upon receipt of the recommendation of the Hearing Examiner
and the General Counsel, the Board shall make a final determination as
to the merits of the complaint and shall make a decision as to what, if
any action should be taken as a result of the complaint. The final
determination and decision shall be in the form of a Final Order subject
to appeal under the provisions of Section 9-22 of the Code.]{.underline}

[d)]{.underline} [Should the Complainant fail to request a Hearing, the
Board shall appoint a Hearing Examiner to make a recommendation based
solely on the complaint, any evidence submitted with the complaint and
any response offered by the Respondent as to whether the complaint is
well grounded in fact and law. The Hearing Examiner shall allow the
Respondent an opportunity for a Hearing to present evidence supporting
any offered defense (both documentary and/or testimonial) prior to the
Hearing Examiner submitting the recommendation to the General Counsel.
The Complainant shall be given notice and an opportunity to be present
and participate in the Hearing; however, failure of the Complainant to
appear at such Hearing shall not factor into the Hearing Examiner's
recommendation as to whether the complaint is well grounded in fact and
law. The Hearing Examiner, after consideration of all evidence presented
by the parties, shall prepare a written recommendation to be given to
both the General Counsel for his recommendation and to both parties to
the complaint. Upon receipt of the recommendation of the Hearing
Examiner and the General Counsel, the Board shall make a final
determination as to the merits of the complaint and shall make a
decision as to what, if any action should be taken as a result of the
complaint. The final determination and decision shall be in the form of
a Final Order subject to appeal under the provisions of Section 9-22 of
the Code.]{.underline}

[e)]{.underline} [The proceedings of the Hearing shall be recorded
either by a certified court reporter or by means of an electronic
recording device. Any party may provide for their own recording of the
proceedings of the Hearing utilizing a court reporter or any other
recording device. Any associated costs however, shall be born by the
party providing for the recording.]{.underline}

[f)]{.underline} [The Board shall render a final determination of the
matters alleged in the complaint within 90 days of the filing of the
complaint. Such time period may be extended by a written waiver of the
Complainant. If the Board cannot resolve the issues raised in the
complaint by the end of the 90 day period and no such waiver is provided
by the Complainant, then the Board shall order the matter to be resolved
by an alternative dispute resolution mechanism described in Section
125.945.]{.underline}

**[Section 125.835 Documents Pertaining to Hearings]{.underline}**

[All documents, including but not limited to complaints, notices and
motions, shall be filed with the Hearing Examiner and a copy shall be
served upon the adverse party or their attorney or other authorized
representative as provided by Section 125.825 or if agreed to by the
parties, facsimile or electronic mail transmission.]{.underline}

# [Section 125.840 Computation of Time]{.underline} 

[Computation of the 90 day period of time mandated by Section 125.830
(e) shall begin with the first day following the day on which the
complaint is filed, and shall run until the end of the 90^th^ day, or
the next following business day if the 90^th^ day is a Saturday, Sunday
or State holiday as defined in Section 5/1-6 of the Code.]{.underline}

# [Section 125.845 Appearances]{.underline} 

a\) [The parties to a complaint filed under this Section may appear as
follows:]{.underline}

[1)]{.underline} [The Complainant may appear on his own behalf or by any
authorized representative, including an attorney at law licensed and
registered to practice in the State of Illinois, or both;]{.underline}

[2)]{.underline} [The Respondent may appear by any bona fide officer,
employee, or other authorized representative, including an attorney
licensed and registered to practice in the State of Illinois, or
both.]{.underline}

b\) [Attorneys not licensed and registered to practice in the State of
Illinois may appear on motion, subject to approval of the Hearing
Examiner.]{.underline}

c\) [Any person appearing in a representative capacity shall file a
written notice of appearance with the Hearing Examiner. Such appearance
form may be submitted at the beginning of the Hearing, or if no Hearing
is requested by the complainant, then such appearance shall be submitted
within 5 business days following the filing of the
complaint.]{.underline}

# [Section 125.850 Non-legal Assistance]{.underline} 

[Any party involved in the complaint proceeding shall have the right to
the presence and participation of additional persons in order to provide
technical assistance and consultation. To maintain order, the Hearing
Examiner may at his discretion restrict the number of such additional
persons who may attend and participate in the proceedings.]{.underline}

# 

# [Section 125.855 Designation of Parties]{.underline} 

[If a complete determination of the complaint cannot be had without the
presence of other parties, the Hearing Examiner or the Board may direct
them to be brought in. Service of process shall be as provided in
Section 125.825 and any subsequent motions and other documents shall be
as provided in Section 125.835(b).]{.underline}

# [Section 125.860 Answer]{.underline} 

[Any respondent may file a written answer to a complaint prior to or at
the time of any proceeding or Hearing, but shall not be required to file
an answer. The failure to file an answer shall not be deemed an
admission of any allegation in the complaint nor a consent to any
requested relief. The answer shall be filed with the Hearing Examiner
and at least one copy shall be served upon all other parties to the
proceeding, in accordance with Section 125.835(b).]{.underline}

# [Section 125.865 Appointment and Qualifications of Hearing Examiner]{.underline} 

[Within 5 business days of the filing of a complaint, the General
Counsel shall appoint a Hearing Examiner to hear the complaint, who
shall be a licensed attorney in the State of Illinois. Written notice of
the appointment of the Hearing Examiner shall be provided to the parties
within 5 business days of their appointment.]{.underline}

# [Section 125.870 Authority of Hearing Examiner]{.underline} 

[The Hearing Examiner has the authority to conduct and preside over the
Hearing and is empowered to take all necessary action to avoid delay, to
maintain order, to ensure compliance with all requirements contained in
this Subpart, and to ensure the development of a clear and complete
record and shall have all powers necessary to conduct a fair and
impartial Hearing.]{.underline}

# [Section 125.875 Disqualification of Hearing Examiner]{.underline} 

[Any party to a Hearing may file a written request for disqualification
of the Hearing Examiner, setting forth the nature of the personal bias,
prejudice, or other grounds for disqualification. Such request shall be
made to the General Counsel who will make the decision as to whether the
Hearing Examiner should be disqualified. When a Hearing Examiner is
disqualified, or it becomes impractical for him to continue, another
Hearing Examiner shall be appointed in the same manner as provided for
the initial appointment. A Hearing Examiner may at any time voluntarily
disqualify himself. A request for disqualification made by a party shall
be considered timely if made within five business days after the
dispatch of the notice of the appointment of the Hearing Examiner and if
received at least three business days prior to the commencement of the
Hearing by the Hearing Examiner.]{.underline}

**[Section 125.880 Motions]{.underline}**

[Unless otherwise directed by the Hearing Examiner, motions shall be in
writing and submitted to the Hearing Examiner and the adverse party
prior to the Hearing. Where the Board is conducting a Hearing to
determine the final disposition of the complaint, motions shall be
received as directed by the Board.]{.underline}

[Section 125.885 Consolidation and Severance of Claims: Additional
Parties]{.underline}

[In the interest of convenience, and the expeditious and complete
determination of claims, the Hearing Examiner or the Board may
consolidate or sever complaints involving any number of parties, and may
order additional parties to be brought in pursuant to the provisions of
Section 125.860.]{.underline}

# [Section 125.890 Amendments]{.underline} 

[Complaints may be amended under any of the following
circumstances:]{.underline}

[a)]{.underline} [at the request of the General Counsel following the
preliminary review referred to in Subsection a) of 125.830;]{.underline}

[b)]{.underline} [to correct any technical defects;]{.underline}

[c)]{.underline} [to conform to the evidence presented at the
Hearing;]{.underline}

[d)]{.underline} [to conform to new matters that arise at the Hearing if
it appears from the original and amended complaint that the cause of
action asserted in the amended complaint grew out of the same
transaction or occurrence.]{.underline}

**[Section 125.895 Pre-Hearing Conferences]{.underline}**

a\) [At the request of the Hearing Examiner or either party and prior to
the Hearing, the Hearing Examiner may direct the parties or their
attorneys to appear at a specified time and place for a conference, for
the purposes hereinafter mentioned. The purposes for such conferences
shall include:]{.underline}

1\) [the simplification of issues;]{.underline}

2\) [the necessity or desirability of amending the
complaint;]{.underline}

3\) [the possibility of stipulations of fact;]{.underline}

4\) [the limitation of the number of witnesses;]{.underline}

5\) [such other matters that may aid in the simplification of the
evidence and disposition of the proceeding.]{.underline}

b\) [In exercising such discretion, the Hearing Examiner shall give due
consideration to the time requirements of Section
125.830(e).]{.underline}

# [Section 125.900 Settlement Pursuant to Conference]{.underline} 

[At any time prior to or during the Hearing, an opportunity shall be
afforded all parties to dispose of the case by written stipulation,
agreed settlement or consent order, unless otherwise precluded by law.
Any stipulation, agreed settlement, or consent order shall be submitted
in writing to the Board and shall become effective only if approved by
the Board.]{.underline}

# [Section 125.905 Continuances]{.underline} 

[A Hearing may be continued for good cause by the Hearing Examiner upon
his own motion or upon motion of a party to the Hearing after due
consideration of any time limitations required by law or by this
Subpart. Notice of any postponement or continuance shall be given to all
parties at least 3 business days in advance of the previously scheduled
Hearing date. All parties involved in a Hearing shall attempt to avoid
undue delay caused by repetitive continuances so that the Hearing may be
resolved expeditiously.]{.underline}

# [Section 125.910 Failure of Party to Appear]{.underline} 

[Failure of the Respondent to appear on the date set for a Hearing shall
not deter the Hearing from proceeding unless the Hearing Examiner shall,
for good cause, order a continuance. Failure of the Complainant to
appear on the date set for Hearing without good cause shown, shall be
grounds for dismissal of the complaint for want of
prosecution.]{.underline}

# [Section 125.915 Evidence]{.underline} 

a\) [Except with respect to matters of privilege, the rules of evidence
as applied in civil cases in courts of this State shall not be strictly
applied to Hearings under this Subpart. Admissibility of evidence shall
be liberally interpreted in order to present all matters which are or
may be relevant to the issues affecting the parties. Hearsay evidence
shall be admissible if deemed to be reliable and trustworthy by the
Hearing Examiner*.*]{.underline}

b\) [The Hearing Examiner shall exclude immaterial, irrelevant and
repetitious evidence.]{.underline}

c\) [A party may conduct examinations or cross-examinations without
rigid adherence to formal rules of evidence, provided the examination or
cross-examination can be shown to be necessary and pertinent to a full
and fair disclosure of the subject matters of the Hearing.]{.underline}

# [Section 125.920 Official Notice]{.underline} 

[Notice may be taken of matters of which the Circuit Courts of this
State may take judicial notice. In addition, notice may be taken of
generally recognized technical or scientific facts within the Board's
specialized knowledge. The Board's experience, technical competence and
specialized knowledge may be utilized in the evaluation of any evidence
submitted by the parties.]{.underline}

**[Section 125.925 Subpoenas]{.underline}**

[a)]{.underline} [Pursuant to Article 10 of the Illinois Administrative
Procedure Act, and upon application to the Hearing Examiner by any
party, or upon the request of the Hearing Examiner, the Board may
authorize the General Counsel to issue a subpoena for attendance at the
Hearing, which may include a command to produce documents or other
tangible things designated therein that are reasonably necessary to
resolution of the matter under consideration. The Hearing Examiner, upon
motion, and in any event at or before the time specified in the subpoena
for compliance therewith, may quash or modify the subpoena if it is
unreasonable or oppressive.]{.underline}

[b)]{.underline} [Every subpoena shall state the title of the action and
shall command each person to whom it is directed:]{.underline}

[1)]{.underline} [to attend and give testimony at the time and place
therein specified, and/or]{.underline}

[2)]{.underline} [to produce books, papers, documents or tangible things
designated therein at the time and place therein specified.]{.underline}

[c)]{.underline} [A subpoena duces tecum may be limited to the
production of documents and not require personal attendance of the
person to whom it is directed.]{.underline}

[d)]{.underline} [The party requesting the issuance of a subpoena
compelling personal attendance shall tender therewith a check
reimbursing the witness for the round trip cost of travel between the
witness\'s place of residence and the place where his presence is
requested. Reimbursement shall be equal to that provided by the
Governor's Travel Board for reimbursement of State Employees traveling
on official state business.]{.underline}

**[Section 125.930 Scope of Hearing -- Procedures --
Evidence]{.underline}**

[The Hearing is not an adjudication, nor does it need to be adversarial
in nature. It is an inquiry to elicit evidence on the question of
whether the complaint is well grounded in fact and law.]{.underline}

1.  [Any person offering evidence, written or oral shall affirm to the
    Hearing Examiner that his or her evidence is true to the best of his
    or her information and belief;]{.underline}

2.  [Evidence may be submitted in narrative form;]{.underline}

3.  [The Hearing Examiner shall not be bound to follow the rules of
    evidence used in an Illinois court of law, but may admit and rely
    upon for his recommendation such evidence or information of a type
    commonly relied upon by reasonably prudent persons in the conduct of
    their affairs.]{.underline}

4.  [The Complainant will present his case first except when convenience
    to the Hearing Examiner or the Respondent requires the Respondent to
    proceed first. The Respondent will then present any information or
    evidence supporting his or her defense; and]{.underline}

5.  [The Hearing Examiner may ask the Complainant or Respondent any
    questions relevant to the allegations contained in the
    complaint.]{.underline}

[At the close of the Hearing the Hearing Examiner shall summarize his
conclusions concerning the evidence and information presented and draft
a recommendation to the Board addressing the question of whether the
complaint is well grounded in fact and law. The Hearing Examiner shall
include any documents tendered to him or her during the Hearing and
submit them with the recommendation to the General Counsel for his
consideration. The General Counsel shall then present the recommendation
and accompanying documentation to the Board for their final
determination.]{.underline}

[The official record of a Hearing shall consist of the transcript (or
tape recording of the proceedings) copies of any motions submitted,
documentary evidence, copies of all notices and the recommendation of
the Hearing Examiner.]{.underline}

**[Section 125.935 Responsibilities of the General
Counsel]{.underline}**

[a)]{.underline} [Upon receipt of a copy of the recommendation of the
Hearing Examiner, the General Counsel shall:]{.underline}

[1)]{.underline} [Review the recommendation and determine whether the
facts support the recommendation and whether any questions of law have
been properly applied.]{.underline}

[2)]{.underline} [Indicate in writing whether or not he concurs with the
recommendation of the Hearing Examiner and if not, state the reasons
therefore.]{.underline}

[3)]{.underline} [Transmit his remarks and recommendation to the Board
within a reasonable time prior to the meeting at which the matter will
be addressed by the Board.]{.underline}

[b)]{.underline} [If there is insufficient time between receipt of the
Hearing Examiner's recommendation and the meeting at which the Board
will dispose of the complaint, the General Counsel may give his
recommendation orally.]{.underline}

**[Section 125.940 Board Determination]{.underline}**

[a)]{.underline} [After the submission of the recommendation of the
Hearing Examiner, the transcript (if requested by the Board), and the
recommendation of the General Counsel, the Board shall make a final
determination of whether the complaint was well grounded in fact and
law. If the Board makes such a determination, and the Respondent is
unwilling to take the necessary action to correct the matter or is
unwilling to cease the conduct alleged in the complaint, the Board shall
issue an order granting whatever relief it deems appropriate. If the
Board determines that the complaint is not well grounded in fact and
law, or is not properly before it as not alleging a violation of Title
III of the Act, then the Board shall either dismiss the complaint, or
refer it to the proper agency or department for their
consideration.]{.underline}

[b)]{.underline} [The Board may consider and discuss the Hearing
Examiner\'s recommendation through a conference telephone call begun in
open session and continued in executive session in lieu of an in-person
meeting, and such consideration and discussion shall be deemed part of
the Hearing process. Any action on the Hearing Examiner\'s
recommendations must be taken in open session, or if taken as part of
the telephonic conference call, that portion of the conference call
shall be broadcast over a speaker phone or other similar device at both
the permanent and branch offices of the Board and that portion of the
broadcast call be open to the media and public]{.underline}

**[Section 125.945 Alternative Dispute Resolution]{.underline}**

[If the State Board of Elections is not able to resolve the complaint
within 90 days of its filing or if the complainant names the Board as
Respondent and is not willing to waive the Board's jurisdiction pursuant
to Section 125.130 or if the complainant refuses to waive the 90 day
deadline, the Board shall refer the matter to a person, company or
association providing dispute resolution services. The matter shall be
resolved within 60 days of its referral. This time limitation shall be
included in any contract for the provision of these services. The Board
may accept suggestions from the parties as to whom the matter shall be
referred to, however the Board shall have final authority in the
selection process. Costs of the service shall be borne by the
complainant. The record from any Hearings conducted under this Subpart
shall be made available for use by the dispute resolution company chosen
by the Board.]{.underline}