NY Elec L § 3-105 (2021)
2021 New York Laws ELN - Election Article 3 - Election Officials Title 1 - Statewide Provisions 3-105 - Administrative Complaint Procedure.

§  3-105.  Administrative  complaint  procedure. 1. The state board of   elections shall establish  and  maintain  a  uniform,  nondiscriminatory   administrative  complaint  procedure  pursuant  to  which any person who   believes that there is a violation  (including  a  violation  which  has   occurred or is occurring or is about to occur) of any provision of title   three  of  the  federal Help America Vote Act of 2002 (HAVA), may file a   complaint.2. Initially, any such complaint may be made orally, in person  or  by   telephone, or in writing. Such complaints may be made to the state board   of  elections  or  with any local board of elections. A toll-free number   shall be made available therefor for telephone calls to the state  board   of  elections.  Complaints  shall  be  addressed  by  election officials   expediently and informally whenever possible.3. All formal complaints shall  be  filed  with  the  state  board  of   elections.  All  formal complaints shall be written, signed and sworn by   the complainant. The complainant shall use a complaint form  promulgated   by the state board of elections. The state board of elections or a local   board  of  elections  shall  assist  any  person  with  a disability who   requests assistance to file  a  complaint.  Complaints  raising  similar   questions  of  law and/or fact may be consolidated by the state board of   elections.4. Upon the written request of  the  complainant,  there  shall  be  a   hearing  on  the record, unless prior to the hearing, the state board of   elections, in accordance with subdivision four of section 3-100 of  this   article,  sustains  the formal complaint as being uncontested. Any party   to the hearing may purchase a transcript of such hearing.5. The evidentiary standard applied to all formal complaints shall  be   a preponderance of the evidence.6.  Hearings shall be conducted by a panel of two commissioners of the   state board of elections of opposite parties or senior staff members  of   opposite  parties as selected by the commissioners of that party. If the   panel does not agree to sustain  the  complaint,  the  formal  complaint   shall  be deemed dismissed and shall constitute the determination of the   panel.7. The determination of the hearing panel will be final unless changed   by the state board of elections pursuant to subdivision four of  section   3-100  of  this  article, within ninety days of the filing of the formal   complaint. A final determination shall be filed  and  published  by  the   state  board  of  elections  within  ninety days after the filing of the   formal complaint, unless the complainant agrees to a  longer  period  of   time.  When  a  violation  has been found, the final determination shall   include an appropriate remedy for any violation of Title III of the Help   America Vote Act of 2002 (HAVA) found by the state board of elections. A   final determination dismissing a formal complaint may be  filed  by  any   one member of the hearing panel.8.  Whenever  a  final determination of a formal complaint is not made   within ninety days, or any other longer agreed  upon  time  period,  the   state  board  of  elections  shall  refer  the  formal  complaint  to an   independent, alternative dispute resolution agency.  Such  hearings  and   determinations  shall be conducted by the alternative dispute resolution   agency pursuant  to  regulations  promulgated  by  the  state  board  of   elections pursuant to subdivision four of section 3-100 of this article.   Such  agency  shall have sixty days, from the expiration of the original   ninety day time period, or any other longer agreed upon time period,  to   make a final determination. The state board of elections shall contract,   pursuant  to  subdivision four of section 3-100 of this article with one   or more such alternative dispute resolution entities for  this  specific   purpose. 9.  No  provision  of  this  section  shall  be construed to impair or   supersede the right of an aggrieved party  to  seek  a  judicial  remedy   including  a  judicial  remedy  concerning  any final determination made   pursuant to subdivision eight  of  this  section.  The  state  board  of   elections  shall provide notice to all complainants of the provisions of   this subdivision.