Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 2 - HAVA Complaint Procedure › Rule 1-10-2.8 - Alternative Dispute Resolution

Current through June 25, 2024
The Secretary of State may, by written order, refer this
				  matter at any time for alternative dispute resolution. In addition, if the
				  Secretary of State or his designee does not render a final determination on a
				  complaint filed under this rule within 90 days after the complaint is filed, or
				  within any extension period to which the complainant has consented, the
				  Secretary of State or his designee will, on or before the 5 
				  th business day after the final
				  determination was due to be issued, by order initiate alternative dispute
				  resolution. A copy of this order shall be provided to the Complainant and the
				  Respondent.
The Secretary of State shall maintain a list of approved
				  arbitrators to be used in these proceedings and from which arbitration panel
				  members must be selected.
The written order provided for in this rule shall designate
				  an arbitrator to serve on a panel to resolve the complaint. Within 3 business
				  days after the Complainant receives this designation, the Complainant shall
				  designate in writing to the Secretary of State the name of a second arbitrator.
				  No later than 3 business days after designation by the Respondent of the second
				  arbitrator, the two arbitrators so designated shall select a third arbitrator,
				  to complete the panel.
As an alternative, the Secretary of State may retain a
				  single, independent, professionally qualified person to act as an arbitrator,
				  if the complainant consents in writing to his appointment as the arbitrator at
				  the time of his appointment.
The arbitrator or arbitration panel may review the record
				  compiled with the complaint, including the tape recording or any transcript of
				  a hearing, if a hearing was requested and held, and any written or documentary
				  evidence compiled by the Secretary of State's Office. The arbitrator or panel
				  may request the parties present additional briefs or memoranda. The arbitrator
				  or panel may conduct the hearing as prescribed in Rule
				  2.6 if no
				  such hearing was held.
The arbitrator, or arbitration panel by majority vote, shall
				  determine the appropriate resolution of the complaint by majority vote.
The arbitrator or panel shall issue a written resolution
				  within 60 days after the issuance of the written order required in this rule,
				  which period shall not be extended. The final resolution shall be transmitted
				  to the Secretary of State and shall be the final resolution of the complaint.
				  The Secretary of State shall mail the final resolution of the arbitrator or
				  panel to the Complainant, each Respondent and any other interested person who
				  has asked in writing to be advised of the final determination. It shall also be
				  published on the Secretary of State's website at
www.sos.ms.gov
The final determination of the arbitrator or arbitration
				  panel is binding upon all the parties involved in the dispute and shall not be
				  subject to appeal to any state or federal court.
Miss. Code Ann. §
										23-15-169;
				  52
				  U.S.C. §
											21112.