Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-8 - ELECTIONS DIVISION › Subject 590-8-2 - HELP AMERICA VOTE ACT OF 2002 PROVISIONS › Rule 590-8-2-.01 - Administrative Complaint Procedure for Violations of Title III of the Help America Vote Act of 2002

Current through Rules and Regulations filed through June 27, 2024
(1) Any person who believes that a violation
				of any provision of Title III of the Help America Vote Act of 2002
				(Public Law 107-8209;252;
				 42 U.S.C. 15301,
et seq.
) has
				occurred, is occurring, or is about to occur may file a complaint with the
				Secretary of State. Such complaint shall be open to inspection by the public
				during business hours upon reasonable notice.
(2) Such complaint shall be in writing and
				shall be signed and sworn to by the person making the complaint and shall be
				properly notarized in accordance with state law. The complaint shall be
				delivered to and served upon the Secretary of State as the chief state election
				official in person, by U.S. Mail, or by guaranteed overnight
				delivery.
(3) The Secretary of
				State shall investigate the allegations of such complaint. If more than one
				complaint is filed concerning the same alleged violation, the Secretary of
				State may consolidate such complaints for investigation.
(4) If the complainant requests, the
				Secretary of State or a designee thereof shall conduct a hearing on the
				allegations of the complaint. Such hearing may be by telephone, conference
				call, or in person and shall be recorded.
(5) If the Secretary of State or a designee
				thereof determines that such complaint is unfounded, the Secretary of State may
				dismiss the complaint and notify the complainant of her decision. The Secretary
				of State shall make the results of her investigation into the complaint
				available for public inspection during normal business hours upon reasonable
				notice after the matter has been resolved
(6) The Secretary of State or designee
				thereof shall make a determination of the validity of the complaint within 90
				days following the date on which the complaint is received by and filed with
				the Secretary of State unless the complainant agrees to an extension of such
				time period.
(7) If the Secretary
				of State or designee thereof determines that such complaint is valid, the
				Secretary of State shall take all necessary and appropriate actions within her
				authority to address the violation; and
(8) If the Secretary of State or designee
				thereof does not render a final determination on a complaint filed pursuant to
				this rule within 90 days after the complaint is filed, or within any extension
				period to which the complainant has agreed, the Secretary of State or designee
				thereof will, on or before the third business day after the final determination
				was due to be issued, initiate proceedings for alternative dispute resolution;
(a) To facilitate alternative dispute
				resolution, the Secretary of State shall maintain a list of qualified
				independent professionals who are capable of acting as a mediator, from which
				the Secretary of State or designee thereof and the complainant shall each
				choose one mediator to review the case.
(b) The Secretary of State or designee
				thereof shall designate in writing to the complainant the name of a mediator
				from the list referenced in section (a) to serve on an alternative dispute
				resolution panel (resolution panel) to review the complaint.
1. If proceedings for alternative dispute
				resolution are initiated pursuant to this paragraph, not later than 3 business
				days after the complainant receives such a designation from the Secretary of
				State or designee thereof, the complainant shall designate in writing to the
				Secretary of State or designee thereof the name of a second mediator. If the
				complainant fails to designate a mediator within the time allowed above, the
				sole mediator shall review the record from the hearing and make a final
				recommendation based on the submitted record. Not later than 3 business days
				after such a designation by the complainant, the two mediators so designated
				shall select a third mediator to complete the resolution panel. If the
				complainant fails to designate a mediator within the time allowed above, the
				sole mediator shall review and dispose of the matter without selecting a second
				or third mediator.
2. The mediator
				or resolution panel may review the record compiled in connection with the
				complaint, including, without limitation, the investigative file on the matter,
				the audio recording of the hearing, any transcript of the hearing and any
				briefs or memoranda submitted by the parties but shall not receive any
				additional testimony or evidence to resolve the matter.
3. The mediator or resolution panel by a
				majority vote, shall after reviewing the record referenced above, provide a
				recommendation to the Secretary of State not later than 50 days after the final
				determination of the Secretary of State was due. This period for issuing a
				written recommendation will not be extended.
4. Upon receipt of the recommendation from
				the mediator or resolution panel, the Secretary of State or designee thereof
				shall issue a final order pursuant to the authority granted under O.C.G.A.
				 21-2-50.2(c), but such remedy shall not exceed the remedies available under Title III of the
				Help America Vote Act of 2002.
5.
				The final order of the Secretary of State or designee thereof will be:
(i) Mailed to the complainant, each
				respondent and any other person who requested in writing to be advised of the
				final resolution;
(ii) Posted on
				the website of the Secretary of State; and
(iii) Made available by the Secretary of
				State, upon request by any interested person.
6. A final determination by the Secretary of
				State or designee thereof is not subject to appeal in any state or federal
				court.