2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 1.5 - HELP AMERICA VOTE ACT (§§ 1-1.5-101 — 1-1.5-106) › Section 1-1.5-105 - Complaint procedure

(1)
Subject to the requirements of this section, in accordance with section 402 of HAVA, the secretary may establish by rule a uniform administrative complaint procedure to remedy grievances brought under Title III of HAVA.
(2)
Any rules promulgated pursuant to subsection (1) of this section must provide for, but need not be limited to, the following:
(a)
A uniform and nondiscriminatory complaint procedure;
(b)
Authorization for any person who believes that there is a violation of Title III of HAVA, including a violation that has occurred, is occurring, or that is about to occur, to file a complaint;
(c)
A description by the complainant in his or her complaint of the alleged violation with particularity and a reference to the section of HAVA alleged to have been violated;
(d)
A requirement that the complaint be filed no later than one year from the date of either the occurrence of the alleged violation or of the election giving rise to the complaint, whichever is later;
(e)
A requirement that each complaint be in writing and notarized, signed, and sworn by the person filing the complaint;
(f)
Authorization for the secretary to consolidate two or more complaints;
(g)
At the request of the complainant, a hearing on the record;
(h)
Authorization for the secretary to provide an appropriate remedy if the secretary determines that any provision of Title III of HAVA has been violated or to dismiss the complaint and publish the results of his or her review if the secretary determines that no provision of Title III of HAVA has been violated;
(i)
A final determination on the complaint by the secretary prior to the expiration of the ninety-day period that begins on the date the complaint is filed, unless the complainant consents to an extension of time for making such determination;
(j)
Resolution of the complaint within sixty days under an alternative dispute resolution procedure that the secretary shall establish in accordance with the requirements of this section if the secretary fails to satisfy the applicable deadline specified in paragraph (i) of this subsection (2), and the availability of the record and any other materials from any proceedings conducted under the complaint procedures established for use under such alternative dispute resolution procedures;
(k)
Authorization for the secretary to conduct a preliminary review of any complaint submitted to him or her and to dismiss any complaint that he or she finds is not supported by credible evidence; and
(l)
Recovery by the secretary of the costs of the proceeding against any complainant who files a complaint that, in connection with the final determination by the secretary pursuant to paragraph (i) of this subsection (2), is found, on the basis of clear and convincing evidence, to be frivolous, groundless, or vexatious.
(3)
Notwithstanding any other provision of law:
(a)
No complaint shall be brought pursuant to the procedure created by this section unless the complaint alleges a violation of Title III of HAVA;
(b)
Proceedings for the resolution of a complaint brought pursuant to this section shall not be considered an adjudication under article
4
of title
24
, C.R.S.; and
(c)
The procedures created by this section shall constitute the exclusive administrative remedy for a violation of Title III of HAVA.
(4)
Any person aggrieved by a final determination by the secretary acting pursuant to paragraph (i) of subsection (2) of this section may appeal the secretary's determination to the district court in and for the city and county of Denver within thirty days of the date of the determination.
Amended by 2016 Ch. 173,§ 6, eff. 5/18/2016.
L. 2003: Entire article added, p. 2069, § 7, effective May 22. L. 2016: IP(2) and (2)(b) amended, (SB 16-142), ch. 173, p. 567, § 6, effective May 18.