Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0090 - HAVA Complaint Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The purpose of this rule is to adopt procedures for the receipt and disposition
			 of complaints filed with the Secretary of State, Elections Division alleging
			 violations of Title III of the Help America Vote Act of 2002 (HAVA). The rule
			 is intended to fully comply with all federal requirements for the complaint
			 procedure, as described in Section 402 of HAVA (P.L.
			 107-252).
(2) The procedures described in this rule are
			 to be used solely for complaints filed alleging a violation of Title III of
			 HAVA. Title III includes voting system standards, accessibility of voting
			 systems to persons with disabilities, instructions on correcting voting errors,
			 identification requirements for voting in federal elections if registration was
			 by mail, computerized voter registration, contents of registration forms and
			 provisional voting.
(3) State and
			 county elections officials are encouraged to resolve HAVA complaints informally
			 if possible. If informal resolution is not possible, and a person wishes to
			 file a formal HAVA complaint under this procedure, the person shall use the
			 HAVA complaint form (SEL 820). The complaint will be accepted and processed
			 only if made in writing, signed under oath by the person filing the complaint,
			 and notarized. The complaint form must be filed directly with the Secretary of
			 State, Elections Division. If the complaint is submitted to a county elections
			 office, the county elections official shall promptly forward the original
			 complaint to the Elections Division. The complaint shall be considered filed on
			 the day it is received at the office of the Elections Division.
(4) Upon receipt of a complaint, the
			 Elections Division staff will review the complaint to determine if it alleges a
			 violation of Title III of HAVA. If the complaint does not allege a violation of
			 Title III, the complaint will be dismissed, with a letter provided to the
			 complainant explaining the reason for the dismissal. If the complaint alleges a
			 violation of Title III, the complaint will be acknowledged in writing, and the
			 complainant will be offered the opportunity to request a hearing on the record.
			 A hearing on the record may be provided by telephone or in person. The
			 Elections Division staff will then request information from other persons who
			 may have information related to the substance of the complaint. When the
			 responses are received, copies will be sent to the complainant to provide an
			 opportunity for the complainant to respond or rebut the information provided.
			 Unless the complainant requested a hearing on the record, or the Elections
			 Division chooses to provide such a hearing because of the nature of the
			 allegations and responses, the Division will prepare a determination letter
			 based on the information provided. The determination letter will address
			 whether any violation of Title III has occurred and address how to resolve the
			 problem to avoid its occurrence in the future.
(5) If a hearing on the record is scheduled,
			 the Division will decide whether the hearing is to be conducted by telephone or
			 in-person. The complainant and other persons who have relevant information to
			 provide will be invited to participate. The hearing will be conducted before an
			 Elections Division employee. The purpose of the hearing is to determine whether
			 any procedure required by Title III was not correctly followed, and to develop
			 a plan to make sure the violation, if any, does not happen again. The hearing
			 is to be conducted as a fact-finding, problem solving forum. A record must be
			 kept, including copies of any documents submitted and minutes, a tape or other
			 record of the hearing.
(6) Whether
			 the complaint is resolved through the procedures of subsections (4) or (5) of
			 this rule, the final determination will be prepared by the Elections Division.
			 If the outcome of the proceeding requires the provision of a remedy, the remedy
			 must conform to state elections law and will not include financial payments to
			 complainants or civil penalties against other involved individuals. Remedies
			 may include written findings that a violation of Title III has occurred,
			 strategies for insuring that that violation does not occur again, and, if it
			 appears that the complaint involves a systemic problem, possible actions by the
			 Elections Division to provide better instructions, training or procedures to
			 all election officials to avoid future violations.
(7) Final determination letters will be
			 signed by the Secretary of State or Deputy Secretary of State. All
			 determination letters will be posted on the Division's website. A copy of the
			 final determination will be provided to the complainant and to any other
			 persons who provided information or participated in a hearing.
(8) The Division will handle all complaints
			 filed under this rule in a way that allows a final determination to be issued
			 within 90 days of the receipt of the complaint. If delays appear to put the 90
			 day deadline at risk, the Division may ask the complainant to provide an
			 extension to complete the investigation or to conduct the hearing. If the
			 complainant does not agree to provide an extension, the final determination
			 must either be issued within the 90 days, or the matter must be referred to the
			 dispute resolution process described in subsection (9).
(9) The Division will provide an alternative
			 dispute resolution process for complaints that are not resolved within 90 days
			 of the filing of the complaint (unless an extension is granted by the
			 complainant) or for complaints that the Division, in its sole discretion,
			 determine warrant this level of review. The alternative dispute resolution
			 process is intended to be a consensus or cooperative outcome procedure, not an
			 arbitration or mediation process model with adversaries or parties. The
			 Division will select a person from a panel of volunteers who agree to provide
			 their services to convene a meeting of the interested parties to resolve a
			 particular complaint or complaints. The panel member will then recommend an
			 outcome to the Secretary, to be adopted within 60 days of the referral. The
			 Secretary will adopt the recommendation, or a revised version of the
			 recommendation, as appropriate. Final determinations reached following this
			 alternative dispute resolution process shall be publicized and distributed in
			 the manner described in subsection (7) of this rule.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  246.150, Ch. 64, 2003 OL: Other
				  Auth Title III, Help America Vote Act of 2002 (HAVA)(P.L.
				  107-252)
Stats. Implemented: Ch. 64, 2003
				  OL