STATE OF ALABAMA

THE OFFICE OF THE SECRETARY OF STATE

CHAPTER 820-2-5 PROCEDURE TO COMPLAIN ABOUT VIOLATIONS OF TITLE III OF THE FEDERAL HELP AMERICA VOTE ACT OF 2002

TABLE OF CONTENTS

820-2-5-.01 Applicability And Purpose

820-2-5-.02 Procedures

820-2-5-.03 Remedies

820-2-5-.01 Applicability And Purpose.

(1) This Chapter is established for the purpose of offering the public an administrative complaint procedure for allegations pertaining to violations of Title III of the federal Help America Vote Act of 2002, Pub. L. 107-252.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, 17-4-250(a); 1 and 8 of Act 03-313; Attorney General Opinion No. 97-00109.

History: New Rule: Filed September 26, 2003; effective October 31, 2003.

820-2-5-.02 Procedures.

(1) Complaints.

(a) Complaints which include a request for a hearing shall proceed in accordance with Chapter 820-1-2, Rules of Practice, except as otherwise provided in this Chapter.

(b) Complaints must be submitted in writing and notarized, and signed and sworn by the complaining person. Complaints may be submitted on a form prescribed by the Secretary of State for this purpose.

(c) Complaints must identify either in the heading or the first paragraph one or more of the following sections of Title III of the federal Help America Vote Act of 2002 which the complaining person alleges has been violated:

1. Section 301. Voting System Standards.

2. Section 302. Provisional Voting and Voting Information Requirements.

3. Section 303. Computerized Statewide Voter Registration List Requirements and Requirements for Voters Who Register By Mail.

4. Section 304. Minimum Requirements.

5. Section 305. Methods of Implementation Left to Discretion of State.

6. Section 311. Adoption of Voluntary Guidance By Commission.

(d) The complaint shall also identify the following:

1. To the extent known, which individuals failed to comply with Title III;

2. To the extent known, where the violation of Title III occurred;

3. A short and plain statement of the occurrence, procedure or practice which violates a particular section in Title III; and

4. Explain why the occurrence, procedure, or practice is a violation of Title III.

(2) Complaints which fail to request a hearing shall be reviewed in the following manner:

(a) The staff or other designee(s) of the Secretary of State, such as county Judges of Probate, shall investigate the complaint. Within 30 days from the receipt of the complaint, except for good cause shown, the investigator shall issue a written report and recommendation to the Secretary of State. The Secretary of State may reject, approve or require additional investigation associated with some or all of the report and recommendation.

(b) Upon the satisfaction of the Secretary of State that the investigation of the complaint is sufficient in order to make a final determination of the complaint, the Secretary of State shall issue an order setting forth the findings, conclusions and remedies (if any) resulting from the complaint and shall mail a copy to the complainant and each known party by first class mail within 90 days of the complaint having been received by the Secretary of State.

(3) Complaints which are not resolved within 90 days from the date received by the Secretary of State shall be resolved through alternative dispute resolution within 150 days from the date the original complaint was filed with the Secretary of State. Complaints not resolved by alternative dispute resolution within 150 days from the date the original complaint was filed with the Secretary of State shall be treated as resolved against the complainant.

(4) Orders which dismiss the complaint upon a determination that there has not been a violation of Title III shall be published by the Office of the Secretary of State on its internet site at http://www.sos.state.al.us within seven days of receipt or issuance of the order by the Secretary of State.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, 17-4-250(a); 1 and 8 of Act 03-313; Attorney General Opinion No. 97-00109.

History: New Rule: Filed September 26, 2003; effective October 31, 2003.

820-2-5-.03 Remedies. If, under these procedures, the Secretary of State determines that there has been a violation of Title III, the order of the Secretary of State shall direct the appropriate remedy. See Sub-section 8 (5) of Act 03-313 of the State of Alabama and Section 402 (a)(2)(G) of the federal Help America Vote Act of 2002, Pub. L. 107-252.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, 17-4-250(a); 1 and 8 of Act 03-313; Attorney General Opinion No. 97-00109.

History: New Rule: Filed September 26, 2003; effective October 31, 2003.